(1) “Premarital agreement” means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. (2) “Property” means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.
(a) A premarital agreement must be in writing and signed and acknowledged by both parties. It is enforceable without consideration. (b) As used in this section, “acknowledged” means: (1) 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 […]
(a) Parties to a premarital agreement may contract with respect to: (1) the rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located; (2) the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security […]
A premarital agreement becomes effective upon marriage.
After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.
(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that: (1) that party did not execute the agreement voluntarily; or (2) the agreement was unconscionable when it was executed and, before execution of the agreement, that party: (i) was not provided a fair and reasonable disclosure of the […]
If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.
This subchapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.
This subchapter may be cited as the “Arkansas Premarital Agreement Act”.
If any provision of this subchapter or its application to any person or circumstance be held invalid, the invalidity does not affect other provisions or applications of this subchapter that can be given effect without the invalid provision or application, and to this end the provisions of this subchapter are severable.
This subchapter takes effect July 20, 1987, and applies to any premarital agreement executed on or after that date.
The following acts and parts of acts are repealed: (a) Acts 1981, No. 548. (b) All laws and parts of laws in conflict with this subchapter.
