What Is a Postnuptial Agreement in Arkansas?
A postnuptial agreement in Arkansas, often called a postnup, is a legal contract that spouses sign after marriage. It outlines how you and your partner will handle property, debts, finances, and other responsibilities during the marriage or if it ends. While it works much like a prenuptial agreement (prenup), a postnup is signed after the wedding rather than before.
Legal Considerations
Postnuptial agreements are governed by the Arkansas Code, Title 9, Subtitle 2, Chapter 11.
- Signing Requirements: Both spouses are required to sign the agreement voluntarily (Stewart v. Combs, 368 Ark. 121, 243 S.W.3d 294 (Ark. 2006)).
- Dividing Property: Equitable distribution (Franks v. Franks, 548 S.W.3d 871, 2018 Ark. App. 266 (Ark. Ct. App. 2018)).
Are Postnuptial Agreements Enforceable in Arkansas?
Yes, Arkansas courts do enforce postnuptial agreements. However, postnups fall outside the scope of Arkansas statutory marriage laws, which means there’s no specific statute that governs them directly.
Courts treat postnups like regular contracts under the state’s common law. This means that every postnuptial agreement in Arkansas has to meet the basics of contract law to be enforceable:
- You and your spouse must sign voluntarily, without any pressure
- The terms should be clear and show mutual agreement
- You both must be mentally competent and understand the terms
The Arkansas Supreme Court has said postnups can be valid even without a lawyer, as long as both people agreed clearly, willingly, and without being forced.
What Can You Include in a Postnuptial Agreement in Arkansas?
Arkansas gives you room to work with. You can include a wide range of terms in your postnuptial agreement as long as you and your spouse agree. You can:
- Keep anything you owned before the marriage separate, including gifts and inheritances (AR Code § 9-12-315).
- Decide how to divide marital property if you separate or divorce.
- Break down who handles which debts.
- Set rules for who owns or manages a business.
- Create guidelines for handling household finances during the marriage.
- Waive spousal support or set specific property rights after divorce.
- Agree that each spouse keeps their own income.
- Exclude certain assets from being treated as marital property (AR Code § 9-12-315(b)(4)).
- Make it very clear how any increase in the value of separate property will be handled. If it’s not addressed, a court might treat the increase as marital and divide it.
Each of these terms gives you and your spouse more control over your finances and property, both during the marriage and if you ever divorce or separate.
How to Write a Postnuptial Agreement in Arkansas
An informal agreement won’t protect you. To be legally valid in Arkansas, a postnup needs to follow state law. Here’s what to do.
1. Start With a Custom Postnuptial Agreement Arkansas Template
State law requires all valid marriage contracts to be in writing, as outlined in AR Code § 9-11-301. Using a template makes that part easy.
Our Arkansas postnuptial agreement template follows state-specific rules, so you don’t have to worry about formatting or missing key details. Just fill in your information, download the file, and make sure you and your spouse sign it.
2. Set Clear Rules for Property and Debt
In Arkansas, property and debt are usually split 50/50 if you divorce. But that’s not guaranteed. The court can divide things differently if it thinks a 50/50 split would be unfair (AR Code § 9-12-315).
A postnup gives you more control. Instead of leaving it up to the court, you and your spouse can agree on how to divide things ahead of time. For example, you can decide that a rental property stays with the person who owned it first, or that student loans stay with whoever took them on.
3. Decide on Spousal Support
A postnup lets you plan for spousal support before any issues come up. You can choose to waive alimony or set specific terms for support if the marriage ends. Arkansas courts will enforce those terms if both spouses agree to them fairly and without pressure.
4. Sign and Acknowledge the Agreement Properly
You and your spouse must both agree to the postnup freely and fully understand what you’re signing. If there’s any pressure, fraud, or coercion, the agreement could be thrown out.
To make your postnup official in Arkansas, one of the following must be there when you sign (AR Code § 9-11-302):
- A judge
- A clerk of the court
- A former judge with at least four years of service
Having an official present helps prove that you both knew what you were signing and did it willingly.
5. Put It on File
If your postnup includes a conveyance of real estate, Arkansas law requires you to record it in every county where either of you owns property, according to AR Code § 9-11-303.
Recording gives legal notice to others. Without it, the agreement usually only applies to you, your spouse, or anyone already aware of it. Filing helps protect your rights in case of a dispute.
Even without real estate, some couples still record the postnup with the county clerk. If the original is ever lost, a certified copy can take its place.
Arkansas Postnuptial Agreement Sample
This Arkansas postnuptial agreement sample provides a useful starting point. When you’re ready, you can download the agreement in both PDF and Word formats for easy customization and use.
