Little Rock Prenuptial Agreement Lawyers
Prenup attorneys in Little Rock and the surrounding areas.
Short for “prenuptial agreement,” a prenup is a contract between two people who plan to marry. It specifies how couples will decide financial issues (such as property division, debt division, and alimony) in the event of death or divorce. A prenuptial agreement helps protect an individual’s assets during marriage and can remove some of the stress of combining assets.
Since premarital agreements have significant financial implications, it is important to consult with an experienced prenup lawyer. We at Destiny Law have successfully handled all sorts of marital cases, including prenuptial agreements. Our skilled prenup attorneys can help you navigate the complexities of important marital matters and ensure your rights are protected. Contact us today to discuss your case!Contact Us
Arkansas prenuptial agreements can cover a wide range of topics. It can also require a spouse to draft estate plans or a will that reflects the terms of the agreement. Most often, prenups cover how debts and assets are divided, especially those acquired before getting married. A prenuptial agreement can help minimize fighting over financial issues in the unfortunate event of a divorce.
Couples can include a variety of other topics in their prenuptial agreement if they so choose. The law states that a prenuptial agreement may cover any other matter, such as personal obligations or rights, that does not violate public policy or statute.
However, in Arkansas, a prenuptial agreement may not determine child custody or a limitation on child support. Arkansas courts always decide child custody and child support at the time of divorce. This is because the judge will need to properly assess what custody arrangement is in the child’s best interests and base support on the child’s needs as well as the parents’ respective financial situations at the time of divorce.
Our experienced prenuptial attorneys in Little Rock can help you determine what to include in your premarital agreement.
Premarital agreements were commonly used if one individual had significantly more wealth than their future spouse, but today, couples of varying income levels use prenups for a number of reasons.
You may be interested in getting a prenup if you:
A prenuptial agreement becomes binding once a couple weds, as long as it was validly executed. Arkansas is one of many states that have adopted the Uniform Prenuptial Agreement Act (UPAA), which is a set of rules stating what makes a prenup valid. To be enforceable under the UPAA and in the state of Arkansas, a prenuptial agreement must be in writing and signed by both spouses voluntarily.
The court will not enforce agreements that are unconscionable (severely unfair) or agreements that limit alimony payments so that one spouse would require public assistance to meet basic needs — meaning a court can override the agreement and force the other spouse to pay alimony.
Arkansas courts won’t enforce a prenup if any of the following factors are present:
Courts decide on a case-by-case basis whether a prenuptial agreement is unconscionable, but it is typically rare that the prenup will not be held up. Arkansas law does not require spouses to consult with an attorney prior to signing an agreement, but judges may take that into account when deciding whether the prenup is unconscionable. Having the guidance of a seasoned prenuptial agreement attorney can ensure that your prenup is valid and will hold up in court in the event of divorce.
At Destiny Law, no case is too difficult. Our prenuptial agreement lawyers offer one-hour consultations for a set fee to evaluate your case with you. We will explain to you how prenups work and provide you with an overview of your rights. After this consultation, the required retainer and costs can then be estimated. Contact us today!