Arkansas § 9-11-402 - Formalities — Definition.

§ 9-11-402. Formalities — Definition.

A premarital agreement must be in writing and signed and acknowledged by both parties. It is enforceable without consideration. 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; 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; 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; Have read and understand the premarital agreement; and Freely entered into the premarital agreement without coercion or undue influence; or An execution of the premarital agreement by both parties that is witnessed by two (2) individuals who are disinterested parties to the premarital agreement.