Draw On Legal Arkansas Premarital Forms For Free

The prenup must be in writing. The prenup must be signed by both parties. The prenup must be notarized (this isn't true for all states, but it's always better to be safe than sorry) There must be some level of financial disclosure (some states allow waiver of financial disclosure, with stipulations)

Using a Trust as a Prenup Alternative There is, fortunately, an easier method to achieve the same aims without requiring signing a prenup. This is done through setting up a self-settled trust. This type of trust removes assets from your marital estate by removing them from your name altogether.

Couples can sign a prenuptial agreement before getting married. Arkansas law requires that you both sign voluntarily, that each person is represented by an attorney and that you list all your assets honestly.

Judges scrutinize prenuptial agreements to look for anything that offers a financial incentive for divorce. The court will set it aside if a provision can be read to encourage divorce. Courts used to view any provision detailing how the property would be divided as encouraging divorce.

A premarital agreement should: Define separate vs community property. Separate property stays in the name of the partner to whom it belongs. ... Decide how existing debts will be paid. ... Define spousal support (alimony). ... Define what happens to real estate. ... Define who will pay taxes. ... Define how long the prenuptial lasts.

Couples in California Can Write Their Own Prenups Under the California Uniform Premarital Agreement Act, as long as the contract respects and fulfills the state's legal requirements, it will be viewed as a valid and legally binding agreement with or without input from a licensed attorney.