You’re getting married in Arkansas! What a beautiful place to start married life. Whether you exchange vows in the Ozark Mountains, near a crystal-clear lake, or even in a hot spring… you’ll be saying “I do” in “The Natural State.” Well, there’s nothing more natural than having an open and honest conversation with the person with whom you’ve chosen to walk through life. Getting real about finances and expectations can start your journey together on the right foot. Prenuptial agreements (also called “premarital agreement” or “antenuptial agreement”) give couples the opportunity to find out more about your partner and make important decisions now before marriage.
Is a lawyer required for a valid prenuptial agreement in Arkansas?
Arkansas law does not require you to hire an attorney for a valid and enforceable prenup in the state. However, it’s highly recommended! A prenuptial agreement is a binding and enforceable contract that can have significant effects on your future financial well-being. When deciding whether to uphold your prenup in the future, a court must find that the signatures of both parties were voluntary. Attorney involvement can affirm that you and your fiancé knew what you were signing and did so of your own free will. Attorneys can also customize your prenup including your specific intentions and goals into the language of the agreement. Prenuptial agreements deal with your personal assets and your financial future, so it makes sense that having an attorney draft a one-of-a-kind prenup could best help accomplish your goals in the end.
Do we both need a lawyer, or can only one person hire one?
As we’ve covered, courts look at whether attorneys were involved in drafting prenups when considering their validity and fairness. Having separate attorneys helps establish that each of you fully understood the terms of the agreement along with their legal and financial consequences. If only one of you wants to spend the money to hire an attorney, that’s allowed in Arkansas. Just keep in mind that if the agreement is one-sided or unfair and the party who would be disadvantaged by the prenup didn’t have an attorney but the other party did…a court could view this as severely unfair (i.e., unconscionable) depending on the circumstances. If one of you is hiring an attorney, it might be worth spending the extra funds for two lawyers to prevent greater expenses should the court throw out the prenup in the future due to invalidity or unconscionability.
Can we share a lawyer?
Nope! Though you and your fiancé might agree on the terms of your prenuptial agreement, courts view you two as being on opposite sides of the agreement. At its foundation, prenups determine who gets what out of the marital property when you go your separate ways. So, it stands to reason that an attorney cannot and should not represent both parties in drafting and negotiating this contract. If you do find a lawyer who’s willing to represent you both… you might want to find a different attorney! If you and your fiancé are seeking the advice of the same legal professional, one of you could argue in the future that the attorney was unable to give unbiased advice, and this might affect the voluntariness of their signature.
Can I write my own prenuptial agreement?
Technically, nothing in Arkansas law prevents you from drafting your own prenup. However, if you’ve never written this type of document, you might want to reconsider DIY. Arkansas’ prenup requirements and the legal and financial language involved in a prenup can be complex lending itself to drafting inaccuracies and incorrect use of legal terms. DIY’ing your contract could leave you with a prenup that does more harm to your financials than good. A family law attorney experienced in drafting prenups will understand the ins and outs of Arkansas statutes and case law and can ensure that your goals are accomplished in the language of your prenup. It’s understandable to want to save money especially, in the midst of your wedding-planning season! But think carefully before embarking on a solo journey in drafting your prenup. If your agreement is contested in the future and the court throws out your agreement due to drafting errors, your regret could be the expensive kind!
What are the legal requirements for a valid prenup in Arkansas?
Title 9 of the Arkansas Family Code governs prenuptial agreements. According to Section 9-11-402, in order for a prenup to be valid and enforceable, it must be:
- In writing
- Acknowledged and voluntarily signed by both parties
- include full and fair disclosure of both parties financials (§9-11-401)
- The terms not be unconscionable and must not violate public policy
According to Section 9-11-402 of the Arkansas Family Code, couples must “acknowledge” the prenup (Ark. Code Ann. § 9-11-402). Under Arkansas law, the most common and clearest method of acknowledgement is signing before a notary public. A notary would serve as a witness to the signatures and can confirm whether the couples were present and signed the prenup voluntarily.
Regarding the third point above, that the prenup include full and fair disclosure of financial assets and obligations, Arkansas actually allows parties to waive in writing their right to receive detailed financial disclosures.
In the case of Banks v. Evans, the wife claimed that the prenup was unconscionable because she was unaware of some of her husband’s financials. The court found that she and her spouse signed waivers to financial disclosure and since the prenup was equitable to both parties and voluntarily signed, it was valid and enforceable. Therefore, if a party signs a waiver of financial disclosure, they cannot later claim that they didn’t receive full and fair disclosure of financials or demand further financial disclosure (Banks v. Evans (2002)).
And the fourth point above highlights the importance of a prenuptial agreement not being severely unfair. When determining the enforceability of a prenup, a court will look at the circumstances surrounding the signing of a prenup and the circumstances of the marriage. In the case of Arnold v. Arnold, the court found the prenup to be unenforceable because on top of having significantly more wealth than his wife, he presented her with the prenup the day before their wedding leaving her little time to review or consult an attorney, she did not understand the terms of the prenup, had little to no knowledge of his wealth, and his goal in divorcing her was to invalidate the prenup. The court found an imbalance of power that made their prenup unconscionable (Arnold v. Arnold, 1977).
How much does a prenup lawyer cost in Arkansas?
It’s a well-known fact that lawyers are not cheap! But hiring an attorney to draft a valid, state abiding prenup could prove worth the cost. According to a HelloPrenup survey of family law attorneys across the country, the national average for a prenuptial agreement for both parties is approximately $8,000. Alternatively, well respected, online prenup services like HelloPrenup will provide you with a personalized, expertly drafted prenup that abides by Arkansas’ state laws for a fraction of the price! You can receive a prenup for a flat fee of $599, plus $699 to add on the services of an Arkansas-licensed prenup lawyer.
Where can I find a prenuptial agreement lawyer in Arkansas?
When trying to find a trusted family lawyer in your area, ask your friends and family for referrals. You can also do an online search for “family law attorneys near me” or “prenup attorney near me.” Also, do a search on the Arkansas Bar Association website for an attorney near you. But, make sure that you read the client reviews before you hire a lawyer! You are spending your hard-earned money on a professional. Make sure that they have experience drafting prenuptial agreements that their legal services are highly reviewed!
The bottom line on prenup lawyer requirements in Arkansas
You do not have to hire an attorney for your prenuptial agreement to be valid and enforceable. However, it is highly recommended in order to successfully navigate Arkansas statutes and case law related to the interpretation of prenups. A legal professional proficient in drafting prenups can help ensure that your agreement meets your state’s legal requirements and is drafted in a way most beneficial to your needs while simultaneously making sure it has the best chance of being upheld in the court of law. A prenup expert or a highly regarded online prenup platform are safer bets than attempting to draft a prenup on your own. Okay! We’ve covered many topics, and you’ve learned a lot about prenuptial agreements. Go get that prenup and you’re one step closer to your happily ever after!
Originally from Memphis, Tennessee, Natori Arrindell is an experienced attorney specializing in family law, prenuptial agreements, and business law. With a dedicated practice serving individuals, families, entrepreneurs, and business owners, Natori is committed to providing comprehensive legal services to clients navigating the complexities of personal and professional relationships.
As a skilled negotiator and litigator, Natori is adept at guiding clients through challenging family-related legal issues with empathy and efficiency. Natori is also experienced in drafting, negotiating, and enforcing prenuptial agreements. By providing thoughtful guidance and facilitating open communication, she helps couples establish clear expectations and protect their assets before marriage. With a focus on preserving harmony and financial security, Natori ensures that clients enter into marriage with confidence and peace of mind.
On the business side, Natori offers comprehensive legal services to entrepreneurs and business owners. From drafting and negotiating contracts to advising on business formation and corporate governance, she serves as a trusted legal partner throughout all stages of business development. With Natori by their side, clients can navigate the complexities of the legal system with confidence and clarity.
When she’s not advocating for clients, Natori enjoys spending time with her 2 daughters.
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