Marital Legal Separation and Property Settlement Agreement where No Children and parties may have Joint Property and / or Debts and Divorce Action Filed
Note: This summary is not intended to be an all-inclusive
discussion of the law of separation agreements in Arkansas, but does include
basic and other provisions.
General Summary: A Separation or Property Settlement
Agreement may be entered into "in contemplation of" either a separation
or divorce and the agreement is effective at the time it is signed.
If the Agreement clearly states that it is an independent contract to be
submitted for the approval of the court, but not to merge into any subsequent
Decree, the Agreement is enforced and interpreted under the general rules
of contracts. It is not subject to modification by the Court absent
the agreement of the parties
Discussion: Ageements are governed by the rules of
contracts and provisions of Title 9 of the Arkansas Code.
Statutes:
Title 9. Family Law
Chapter 12 Divorce and Annulment
Sub-Chapter 3 Action for Divorce or Annulment
Enforcement of separation agreements and decrees of court:
Courts of equity may enforce the performance of written agreements
between husband and wife made and entered into in contemplation of either
separation or divorce and decrees or orders for alimony and maintenance
by sequestration of the property of either party, or that of his or her
sureties, or by such other lawful ways and means, including equitable garnishments
or contempt proceedings, as are in conformity with rules and practices
of courts of equity. 9-12-313.
Case Law:
"Courts of equity may enforce the performance of written agreements
between husband and wife made and entered into in contemplation of either
separation or divorce. . . ." Ark. Code Ann. § 9-12-313 (Repl. 1993).
The agreement at issue indicates that it was "entered into in contemplation
of . . . separation"; it determined the rights and obligations of the parties
as to their marital property during their separation. Thus, section 9-12-313
provides the chancellor with the power to enforce the agreement. Grider
v. Grider, 62 Ark. App. 99 (1998)
