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Ark. Code Ann. § 9-11-402

Formalities — Definition

Applied in 1 court decision — leading case 2020 Ark. App. 469 - Shelby Woods v. Dianne Woods (2020)

Most recently applied in 2020 Ark. App. 469 - Shelby Woods v. Dianne Woods (October 2020)

Acts 1987, No. 715, § 2; 2017, No. 654, § 2.

(1) A premarital agreement must be in writing and signed and acknowledged by both parties. It is enforceable without consideration.

(2) As used in this section, “acknowledged” means: A formal declaration or admission before an authorized public officer by the parties who execute the premarital agreement providing that the premarital agreement is the act and deed of the parties;

(3) A sworn affirmation by the respective attorneys of each party that the party represented by the attorney understands and consents to the legal effect of the premarital agreement;

(4) An agreement signed by the parties that is witnessed by a notary and includes a statement that the parties: Have consulted with their respective attorneys regarding the premarital agreement;

(5) Have read and understand the premarital agreement; and

(6) Freely entered into the premarital agreement without coercion or undue influence; or

(7) An execution of the premarital agreement by both parties that is witnessed by two (2) individuals who are disinterested parties to the premarital agreement.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.