Bentonville Prenuptial Agreements Lawyer

There’s nothing wrong with making an effort to protect yourself when you decide to get married. There are multiple legal agreements you can pursue that can benefit you in the event of a divorce. One of the most reliable is a prenuptial agreement. Choosing to draft a prenup can be difficult, especially if your significant other is against it. While they may claim that a prenup is a sign of mistrust, it’s simply protection. A Bentonville prenuptial agreements lawyer can help.

The Bentonville family lawyers at Bundy Law recognizes the inherent complications in prenuptial agreement cases. The mere suggestion of a prenup can cause friction in your relationship, as some partners may feel that you’re already thinking about the divorce. You may want to use a prenup to determine if your partner is with you for love or money. A Bentonville prenuptial agreements attorney can help you work through the state’s prenuptial agreement laws. Our firm can help.

Vital Elements of a Prenuptial Agreement in Arkansas

If you want to enforce a prenuptial agreement in Bentonville, your case will take place in the Benton County Circuit Court. Since a prenup case generally involves a dispute over property due to divorce, it will be handled by the Domestic Relations division. Prenup enforcements are common in Arkansas. The state’s marriage rate is 48.9%, while the divorce rate is 3.0 per 1,000 people. Aaron Bundy can bring 20 years of legal experience to your case and help you succeed.

The most important thing you have to focus on with a prenuptial agreement is whether or not it’s enforceable. If you ever need to use the prenup, the last thing you want is to find out that the document doesn’t hold up during your divorce. That’s why it’s important to hire a prenuptial agreements lawyer to help you draft the document, make sure it’s legally binding, and enforce it when the time comes. Here are the most important elements that your prenup must have:

• Voluntary execution. For a prenup to be enforceable, it has to be signed by both parties without duress or pressure of any kind. You and your spouse need to be in agreement about the details of the prenup and choose to sign it willingly. During a divorce, your partner may try to claim that they were forced to sign the prenup, which is why witnesses are also legally required, particularly a notary.
• Full disclosure. When drafting the prenup, both parties must disclose all of their assets, debts, and income. If you leave anything out, it could render the prenup null and void when the time comes. Remember that attempting to hide assets in a divorce is illegal under Arkansas state law. Be completely honest about your assets in the prenup so you know exactly what you’re protecting. Your partner needs to be honest as well.
• Written agreement. The prenuptial agreement needs to be in writing. Oral prenups are not legally binding in Arkansas. If you don’t have a written prenup, you basically don’t have anything.
• Intent. This may seem obvious, but you can only draft a prenup if you have the intention of getting married. The contract is created solely with the intention of outlining the fair and reasonable division of property in the event of divorce. The agreement cannot be unconscionable and must be fair to both parties.
• Independent counsel. While it’s not legally required in Arkansas, it is highly recommended that each party be represented by its own independent legal counsel. This prevents your partner from claiming that they didn’t understand the terms of the prenup when they signed it. By having their lawyer look it over and explain things to them, this voids any argument of confusion.

FAQs

Are Prenuptial Agreements Enforceable in Arkansas?

Yes, prenuptial agreements are enforceable in Arkansas, provided that the prenup in question meets the required standards of the court and includes each necessary element. When drafting the prenup, it’s recommended that you have a good lawyer present to make sure the prenup includes all the elements to be considered enforceable. A prenup cannot include any provisions related to child support or custody, as well as any clauses related to illegal activities.

Are Prenups Void After 10 Years in Arkansas?

No, prenups are not void after 10 years in Arkansas. Prenups do not have an expiration date. A well-constructed prenup remains in effect for the entire duration of the marriage, unless it contains a specific clause that allows it to expire after a certain amount of time. This is known as a sunset clause. If it’s not specifically written into the prenup, then the prenup is automatically considered valid for the life of the marriage.

What Is the Loophole in a Prenup in Arkansas?

There are, unfortunately, many potential loopholes that can be present in a prenuptial agreement. One of your lawyer’s most important tasks is identifying these loopholes in the document and closing them for you. Loopholes tend to arise due to procedural errors, a lack of financial transparency, or overreaching terms. While drafting your prenup, you will want to be certain that no loopholes are present and that your document is enforceable by law.

What’s the Biggest Mistake I Can Make with a Prenup?

The biggest mistake you can make with a prenup in Arkansas is failing to disclose all of your assets. You are required to provide a detailed list of every asset and debt that you’re bringing into the marriage, and your partner is required to do the same. Failure to be totally transparent can result in the prenup being rendered void. Other mistakes include rushing the drafting process, choosing not to have independent counsel review it, and making it one-sided.

Hire a Prenuptial Agreements Lawyer Today

Protection is important when you’re getting married, especially if you have substantial assets. Choosing to legally protect yourself is not a sign of weakness or mistrust. It’s necessary. At Bundy Law, we can help you draft a valid prenup and enforce it if the time comes. Contact us to speak to someone on our experienced team who can help.