Extract Data From Legal Arkansas Postnuptial Forms For Free

A postnuptial agreement is a contract created by spouses after entering into a marriage that outlines the ownership of financial assets in the event of a divorce. The contract can also set out the responsibilities surrounding any children or other obligations for the duration of the marriage.

Postnuptial agreements are invalid if it is determined that one of the parties exercised fraud, duress, or undue influence over the other. Fraud generally exists when one party deceived or concealed an important fact that would impact whether or not the other party executed the agreement.

The Arkansas Supreme Court rules that a postnuptial agreement is enforceable against a surviving wife under common law contract principles and that the decedent's attorney was not required to inform her that she should consult her own attorney before entering into the agreement. Stewart v. Combs (Ark., No.

Postnuptial agreements must be in writing. Voluntary ? Both parties to a postnuptial agreement must have signed the agreement voluntarily and intentionally. Any indication that one spouse coerced or threatened the other into signing will make a postnuptial agreement null and void.

As long as your agreement fulfills California's legal requirements, the courts will consider it valid no matter how long you have been married. In fact, postnuptial agreements are most common among couples who have been married for years, as they understand better how much each party has to gain or lose.

California law recognizes the validity of both prenuptial and postnuptial agreements; and, if you have one, it will most likely play a role in your divorce. However, there are several factors to consider, and there are issues that can render certain clauses ? or potentially even the entire agreement ? unenforceable.