Arkansas Code Annotated
Ark. Code Ann. § 9-11-401 (2026)
Definitions
✓ current as of May 2026
- “Premarital agreement” means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.
- “Property” means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.
History. Acts 1987, No. 715, § 1.
Case Notes
In General.
Parties contemplating marriage may, by agreement, fix the rights of each in the property of the other differently than established by law; such agreements must be made in contemplation of the marriage lasting until death, rather than in contemplation of divorce. Lee v. Lee, 35 Ark. App. 192, 816 S.W.2d 625 (1991).
An agreement that is not solely intended to be operative upon divorce is not void merely because it mentions or is operative upon divorce, among other contingencies. Lee v. Lee, 35 Ark. App. 192, 816 S.W.2d 625 (1991).
Notes of Decisions
Cited in 7
cases, 1992–2020 · leading case: Banks v. Evans, 64 S.W.3d 746 (Ark. 2002).
Banks v. Evans, 64 S.W.3d 746 (Ark. 2002). “This appeal presents us with questions of first impression regarding the interpretation and application of Ark. Code Ann. §§ 9-11-401 to -413, the Arkansas Premarital Agreement Act.”
Kelly v. Kelly, 381 S.W.3d 817 (Ark. 2011). “possessed the original legal and equitable property interest in the concept and plans that became a business that was subsequently gifted to the Plaintiff and Snowden, Jr., who in turn, incorporated this gift as Tarco Roofing Materials, Inc.”
Rider v. Rider, 669 N.E.2d 160 (Ind. 1996). “1 to 596.12; Kan. Stat. Ann. §§ 23-801 to 23-811; Mr.”
Shelby Woods v. Dianne Woods, 2020 Ark. App. 469 (Ark. Ct. App. 2020). “Code Ann. § 9 - 11-401(1). It must be in writing and signed and acknowledged by both parties, and it is enforceable without consideration.”
Branch v. Branch, 2016 Ark. App. 613 (Ark. Ct. App. 2016). “See Ark. Code Ann. § 9-11-401 et seq. The Arkansas Premarital Agreement Act places the burden on the party contesting the agreement to prove its invalidity.”
Lieberman v. Lieberman, 154 Misc. 2d 749 (N.Y. Sup. Ct. 1992). “…"1. an action for which no limitation is specifically prescribed by law”. . Ariz Rev Stat Annot §§ 25-201 — 25-205; Ark Code §§ 9-11-401 — 9-11-412; Cal Civ Code §§ 5300-5317; Colo Rev Stat Annot § 14-2-301; Haw Rev Stat Annot §§ 572D-1 — 572D-11; ILL Annot Stat, ch 40, ¶¶…”
Mays v. Mullins, 547 S.W.3d 474 (Ark. Ct. App. 2018). “The terms "antenuptial" and "premarital" are synonymous, see Ark. Code Ann. § 9-11-401 (Repl. 2015), and we use those terms interchangeably in this opinion.”
— Ark. Code Ann. § 9-11-401(1) — 1 case
Banks v. Evans, 64 S.W.3d 746 (Ark. 2002). “This appeal presents us with questions of first impression regarding the interpretation and application of Ark. Code Ann. §§ 9-11-401 to -413, the Arkansas Premarital Agreement Act.”
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