Arkansas Prenuptial Agreement Laws: Rules and Enforceability (2026)

Prenuptial agreements are enforceable in Arkansas under the Arkansas Premarital Agreement Act, Ark. Code Ann. § 9-11-401 et seq. The agreement must be in writing, signed and acknowledged by both parties (§ 9-11-402), and § 9-11-406 sets out the grounds on which a court will refuse to enforce it.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers premarital agreements under the Arkansas Premarital Agreement Act (Ark. Code Ann. §§ 9-11-401 to 9-11-413) and the Arkansas Supreme Court's decision in Banks v. Evans (2002). It does not cover postnuptial agreements in detail, covenant-marriage declarations, agreements governed by another state's law, or how to draft an agreement. For property division without an agreement, see Arkansas divorce laws.

Which law governs prenups in Arkansas

The Act names itself in § 9-11-410: "This subchapter may be cited as the "Arkansas Premarital Agreement Act"." The General Assembly passed it as Act 715 of 1987, and it is modeled on the Uniform Premarital Agreement Act; § 9-11-409 directs that it be applied to make the law uniform among the states that enact it.

The Act took effect July 20, 1987 (§ 9-11-412), and applies to agreements executed on or after that date. An agreement signed earlier falls outside the Act, and this page does not cover the rules for it.

Statute quotations on this page come from a 2020 compilation of the Arkansas Code. The Arkansas Legislature's list of amended code sections shows no amendment to these sections from the 2019-2020 sessions through 2025-2026.

Formal requirements for an Arkansas prenup

Section 9-11-402(a) sets the basic rule:

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

"Acknowledged" has a specific meaning in the Act. It is satisfied in any of four ways:

1. a formal declaration before an authorized public officer;
2. a sworn affirmation by each party's attorney;
3. the agreement witnessed by a notary, with a statement covering consultation with an attorney, reading of the agreement and the absence of coercion; or
4. execution witnessed by two disinterested individuals.

Notarization is therefore one route, not a universal requirement. The agreement becomes effective on marriage (§ 9-11-404). Section 9-11-402 was amended in 2017 by Act 654.

When a prenup is not enforceable in Arkansas

Section 9-11-406(a) puts the burden on the spouse challenging the agreement. The agreement is not enforceable if that spouse proves either of two things.

1. Involuntary signing. The spouse "did not execute the agreement voluntarily" (§ 9-11-406(a)(1)).

2. Unconscionability plus missing disclosure. "the agreement was unconscionable when it was executed and, before execution of the agreement, that party" (§ 9-11-406(a)(2)) met all three of these conditions:

• was not given a fair and reasonable disclosure of the other party's property or financial obligations;
• did not voluntarily and expressly waive disclosure in writing after consulting legal counsel; and
• did not have, and could not reasonably have had, adequate knowledge of the other party's property or financial obligations.

The second ground is conjunctive. Unconscionability alone is not enough, and it is measured when the agreement was signed, not when it is enforced. Under § 9-11-406(c), "An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law." If the marriage itself is determined to be void, § 9-11-407 allows the agreement to be enforced "only to the extent necessary to avoid an inequitable result."

Lawyers and waiting periods

The Act, §§ 9-11-401 to 9-11-413, does not set a waiting period between receiving an agreement and signing it, and it does not require each spouse to have a lawyer. Counsel appears in three places: the written waiver of disclosure in § 9-11-406(a)(2)(ii) must follow consultation with legal counsel, and two of the four acknowledgment options in § 9-11-402(b) involve the parties' attorneys (a sworn affirmation by each party's attorney, or a notary-witnessed statement that the parties consulted their respective attorneys). A lawyer licensed in Arkansas can draft or review these agreements.

How Arkansas courts have applied the Act: Banks v. Evans

In Banks v. Evans, 347 Ark. 383, 64 S.W.3d 746 (2002), the Arkansas Supreme Court construed the Act for the first time. The court stated:

"In Arkansas, a premarital agreement is valid if it was freely entered into, and is free from fraud and not inequitable."

Applying § 9-11-406, the court rejected the argument that the agreement was invalid because the wife did not know the husband's net worth. The agreement recited disclosure, and both parties had signed written waivers of detailed disclosure. The court affirmed the chancellor's rulings. Banks predates the 2017 amendment to § 9-11-402.

Spousal support waivers

An Arkansas prenup may modify or eliminate spousal support, subject to one statutory limit. Section 9-11-406(b) provides:

"If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one (1) party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility."

The statute does not add a separate counsel requirement for support waivers. For how Arkansas courts set support without an agreement, see Arkansas alimony laws.

What an Arkansas prenup cannot do

Section 9-11-403(b) is direct: "The right of a child to support may not be adversely affected by a premarital agreement." The Act's list of permitted subjects ends with a catch-all, § 9-11-403(a)(8), allowing "any other matter" that is "not in violation of public policy or a statute imposing a criminal penalty." The Act does not address child custody, and this page does not cover whether a custody term would bind a court.

Changing or revoking a prenup

Section 9-11-405 provides: "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."

Section 9-11-408 protects claims during the marriage: "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."

Postnuptial agreements in Arkansas

The Premarital Agreement Act addresses agreements made before marriage and amendments to them under § 9-11-405. This page does not cover the rules for a separate agreement made for the first time after the wedding. Ask a lawyer licensed in Arkansas about a postnuptial agreement.

Arkansas property division without a prenup

Arkansas divides marital property under § 9-12-315(a)(1)(A): "All marital property shall be distributed one-half (1/2) to each party unless the court finds such a division to be inequitable." Arkansas is not a community-property state. See Arkansas divorce laws for how the court applies that rule.

Disclaimer: This article provides general legal information about premarital agreements under the Arkansas Premarital Agreement Act (Ark. Code Ann. §§ 9-11-401 to 9-11-413), verified on 2026-10-08. It is not legal advice and is not a template for an agreement. For advice about your situation, consult a lawyer licensed in Arkansas.

Related

• Prenuptial agreement laws in every state
• Arkansas divorce laws
• Arkansas alimony laws
• Arkansas child support laws

Last updated: 2026-10-08.

Frequently Asked Questions

Are prenups enforceable in Arkansas?

Yes, if they meet the Arkansas Premarital Agreement Act. Section 9-11-406 lists the defenses: involuntary execution, or unconscionability at signing combined with missing disclosure safeguards.

Does a prenup need to be notarized in Arkansas?

Notarization is one option, not the only one. Section 9-11-402 requires the agreement to be signed and acknowledged, and acknowledgment can be satisfied by a declaration before an authorized public officer, sworn affirmations by each party's attorney, a notary-witnessed agreement with the statement the Act describes, or execution witnessed by two disinterested individuals.

Do both parties need a lawyer for an Arkansas prenup?

The Act does not require independent counsel. Counsel appears in three places: a written waiver of disclosure under § 9-11-406(a)(2)(ii) must follow consultation with legal counsel, and two of the four acknowledgment options in § 9-11-402(b) involve the parties' attorneys.

Is there a waiting period before signing a prenup in Arkansas?

The Arkansas Premarital Agreement Act, §§ 9-11-401 to 9-11-413, does not set a waiting period between receiving and signing the agreement.

Can a prenup waive alimony in Arkansas?

An agreement may modify or eliminate spousal support, but under § 9-11-406(b) a court may still order support to the extent needed to keep a spouse off public assistance at separation or divorce.

Can a prenup decide child support in Arkansas?

No. Section 9-11-403(b) says the right of a child to support may not be adversely affected by a premarital agreement.

When does an Arkansas prenup take effect?

On marriage. Section 9-11-404 provides that a premarital agreement becomes effective upon marriage.

Can you change a prenup after marriage in Arkansas?

Yes, but only by a written agreement signed by both spouses, which is enforceable without consideration (§ 9-11-405).