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9-11-402. Formalities — Definition.

Arkansas Code — all titles (historical 2020) · legal_authorities

9-11-402. Formalities — Definition.

9-11-402. Formalities — Definition. (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 and deed of the parties; (2) 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; (3) An agreement signed by the parties that is witnessed by a notary and includes a statement that the parties: (A) Have consulted with their respective attorneys regarding the premarital agreement; (B) Have read and understand the premarital agreement; and (C) Freely entered into the premarital agreement without coercion or undue influence; or (4) An execution of the premarital agreement by both parties that is witnessed by two (2) individuals who are disinterested parties to the premarital agreement.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-11-402

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Record provenance

Stable record: arkansas_code:legal_authorities:9-11-402
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f44671de8f1885bcc0ef3ceaf1bb7ba2597db1a2a9105899108d5eea7160ae6f

Source location: content.xml paragraph 4132

Stored source content

9-11-402. Formalities — Definition. (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 and deed of the parties; (2) 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; (3) An agreement signed by the parties that is witnessed by a notary and includes a statement that the parties: (A) Have consulted with their respective attorneys regarding the premarital agreement; (B) Have read and understand the premarital agreement; and (C) Freely entered into the premarital agreement without coercion or undue influence; or (4) An execution of the premarital agreement by both parties that is witnessed by two (2) individuals who are disinterested parties to the premarital agreement.

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