Prenuptial Agreements
& Postnuptial

What is a Prenuptial Agreement?

A Prenuptial Agreement is a contract entered into by a couple with the expectation of marriage, or pending nuptials. By creating a Prenuptial Agreement, you and your intended define the rules that you will follow with regards what is Yours, Mine, and Ours if either of you should file for divorce. If you do not have prenuptial agreements, then the state legislature and judicial discretion  determine how your property is divided, not you and your future spouse. 

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Who Needs a Prenuptial Agreement? Everyone!

"Everyone" is the quick answer, and everyone has a prenuptial agreement. Nobody plans on their marriage ending, but all marriages do end. It is in most vows, 'until death do us part." If your marriage ends in Death, hopefully, you have a trust or a will in place so that your property goes where you would like it to go. The only other way a marriage can end is Divorce and, if your marriage ends in Divorce, hopefully, you have a Prenuptial Agreement or Postnuptial Agreement in place so that your property goes where you and your partner agreed it would go at the start of your adventure. 

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A Prenup is just a Rule Set & Not a Prediction of Divorce:

It is your relationship, and your future spouse and yourself should make the rules. I have been an attorney long enough to watch the legislature and judges change the laws around divorce numerous times and, here's the kicker, they don't update you when they do. Having a prenuptial agreement in place allows you and your betrothed to make your own rules if your marriage comes to an end in a manner other than death. 

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What is Required?

In Arkansas, Prenuptial Agreements are governed by Ark. Code Ann §9-11-401 et al. Your prenuptial agreement must be in writing, signed by both parties prior to the marriage (not immediately preceding the wedding), acknowledged by two disinterested witnesses as well as the attorneys representing the partners. The biggest weaknesses to a prenuptial agreement are voluntariness, unconscionability, and want of consideration. There must also be a fair and reasonable disclosure of both parties assets; this part cannot be waived in writing. ​

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Silver -Lining:

A prenuptial agreement forces couples to have real conversations about their finances, debts, and expectations surrounding those areas of your relationship, and it allows you and your partner set clear expectations about property, debt, and support so that you are not relying solely on the default rules of the state.

 

Plus, I having be practicing in matrimonial law since 2016 and I have been involved in hundreds of divorces. In that time, only one client has come to my office seeking a divorce with a fully executed pre-nuptial agreement. The couples that have them rarely use them because they have done the work and had the hard conversations. 

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No one likes to think about their own death or their potential divorce, but you should have a plan in place for both!​​

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