Title 9 — Family Law

The judgment may be revived against the executor or administrator of the person against whom the judgment was rendered.

(a) A man is the father of a child for all intents and purposes if he and the mother execute an acknowledgment of paternity of the child pursuant to § 20-18-408 or § 20-18-409, or a similar acknowledgment executed during the child's minority. (b) (1) Acknowledgments of paternity …

(a) All rights of a putative father to custody, visitation, or other contact with a child conceived as a result of a rape shall be terminated immediately upon conviction of the rape in which the child was conceived under § 5-14-103 or § 5-14-114. (b) The biological mother of a ch…

(a) Any child born to a married woman by means of artificial insemination shall be deemed the legitimate natural child of the woman and the woman's husband if the husband consents in writing to the artificial insemination. (b) A child born by means of artificial insemination to a…

(a) Artificial insemination of a woman shall only be performed under the supervision of a physician licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. (b) Prior to conducting the artificial insemination, the superv…

Marriage is considered in law a civil contract to which the consent of the parties capable in law of contracting is necessary.

(a) Every male who is at least eighteen (18) years of age and every female who is at least eighteen (18) years of age shall be capable in law of contracting marriage. (b) (1) However, a male or female who is at least seventeen (17) years of age but under the age of eighteen (18) …

(a) (1) If an application for a marriage license is made where one (1) or both parties are under eighteen (18) years of age but older than sixteen (16) years of age and the female is pregnant, both parties may appear before a judge of the circuit court of the district where the a…

In all cases in which the consent of the parent or parents or guardian is not provided, or there has been a misrepresentation of age by a contracting party, the marriage contract may be set aside and annulled upon the application of the parent or parents or guardian to the circui…

(a) The marriage of any male under the full age of seventeen (17) years and the marriage of any female under the full age of sixteen (16) years is voidable. (b) All marriages contracted prior to March 26, 1964, where one (1) or both parties to the contract were under the minimum …

(a) All marriages between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the half as well as the whole blood, and between uncles and nieces, and between aunts and nephews, and between first cousins are declared to b…

(a) All marriages contracted outside this state that would be valid by the laws of the state or country in which the marriages were consummated and in which the parties then actually resided shall be valid in all the courts in this state. (b) This section shall not apply to a mar…

In all cases in which any husband abandons his wife, or a wife her husband, and resides beyond the limits of this state for the term of five (5) successive years, without being known to the other spouse to be living during that time, the abandoning party's death shall be presumed…

Marriage shall be only between a man and a woman. A marriage between persons of the same sex is void.

(a) All persons hereafter contracting marriage in this state are required to first obtain a license from the clerk of the county court of some county in this state. (b) On and after July 1, 1997, the county clerk shall record the Social Security numbers of the persons obtaining a…

(a) The license may be in the following form:Click here to view form. (b) The party solemnizing the rites of matrimony shall endorse on the license his or her certificate of that fact in the following form:Click here to view form. (c) If the parties intend to contract a covenant …

(a) The clerks of the county courts of the several counties in this state are required to furnish the license upon:(1) Application's being made;(2) Being fully assured that applicants are lawfully entitled to the license; and(3) Receipt of his or her fee. (1) Application's being …

If any county clerk in this state shall issue any license contrary to the provisions of this act, or to any persons who are declared by law as not entitled to the license, he or she shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less tha…

(a) No marriage license shall be issued by the clerks unless a notice of intention to wed shall have been signed by both of the applicants applying for the marriage license and filed with the county clerk where the license is obtained. (b) The notice shall state the name, age, an…

The fee prescribed by law for the issuance of the marriage license shall be paid to the clerk at the time the applicants apply for the marriage license and sign the notice of intention to wed.

It shall be unlawful for any clerk who is authorized to issue marriage licenses to furnish or sell to any person or persons a license to marry at a time when either of the contracting parties is visibly under the influence of intoxicating drinks or under the influence of any kind…

(a) (1) (A) It is the public policy of the State of Arkansas to recognize the marital union only of man and woman.(B) A license shall not be issued to a person to marry another person of the same sex, and no same-sex marriage shall be recognized as entitled to the benefits of mar…

(a) Any person applying for the license to marry another may introduce the parent or guardian of himself or herself or the other party, or the certificate of the parent or guardian duly attested, to prove to the satisfaction of the clerk that the parties to the marriage are of la…

(a) Any person applying for a license under the provisions of this act shall be required to enter into bond to the State of Arkansas in the penal sum of one hundred dollars ($100) for the use of and benefit of the general fund of the county to ensure that the parties applying hav…

(a) (1) Upon written petition being filed with the county clerk of any county in this state, the county court, after hearing, may in its discretion waive by written order the requirement of bond, as prescribed by § 9-11-210, and the consent of parents, as required by §§ 9-11-102 …

(a) If any person shall apply for and obtain a license to marry another, without first obtaining the consent of that party, the person shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not less than ten dollars ($10.00) nor more than one hundred dolla…

(a) For the purpose of being registered and perpetuating the evidence thereof, marriage shall be solemnized only by the following persons:(1) The Governor;(2) Any former justice of the Supreme Court;(3) Any judges of the courts of record within this state, including any former ju…

(a) No minister of the gospel or priest of any religious sect or denomination shall be authorized to solemnize the rites of matrimony in this state until the minister or priest has caused to be recorded his or her license or credentials of his or her clerical character in the off…

(a) When marriages are solemnized by a minister of the gospel or priest, the ceremony shall be according to the forms and customs of the church or society to which he or she belongs. When solemnized by a civil officer, the form observed shall be the one the officer deems most app…

(a) Any person who presumes to solemnize marriage in this state contrary to the provisions of this act shall be adjudged guilty of a misdemeanor and upon conviction shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500). (b) T…

(a) Any person who fails to officially sign and return any license to the parties at the time of the marriage shall be adjudged guilty of a misdemeanor and upon conviction shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500)…

(a) Any person obtaining a license under the provisions of this act shall be required to return the license to the office of the clerk of the county court within sixty (60) days from the date of the license. (b) (1) The bond required by § 9-11-210 shall be deemed null and void if…

If any person authorized to solemnize any marriage in this state shall willfully make a false return of any marriage or pretended marriage to the clerk and recorder, or if the clerk and recorder shall willfully make a false record of any return of a marriage license made to him o…

(a) Upon the return of any license officially signed as having been executed and that the parties therein named have been duly and according to law joined in marriage, the clerk issuing the license shall make a record thereof in the marriage record in his or her office. (b) The c…

The books of marriages and clerical credentials to be kept by the respective clerks and recorders and copies duly certified by the clerks and recorders shall be evidence in all the courts in this state.

All marriage contracts whereby any estate, real or personal, is intended to be secured or conveyed to any person, or whereby the estate may be affected in law or equity, shall be in writing acknowledged by each of the contracting parties or proved by one (1) or more subscribing w…

Marriage contracts shall be acknowledged or proven before a court of record, before some judge or clerk of a court of record, or before any former judge of a court of record who served at least four (4) years, of the state in which the contract is made and executed, which acknowl…

(a) Every marriage contract whereby any real estate is conveyed or secured shall be recorded with the certificate of proof or acknowledgment in the office of the clerk and recorder of every county in which any estate intended to be affected or conveyed shall be situated. (b) When…

No marriage contract shall be valid or affect property, except between the parties thereto and those who have actual notice thereof, until it shall be deposited for record with the clerk and recorder of the county where the real estate is situated.

(a) Marriage contracts duly proved or acknowledged, certified, or recorded shall be received as evidence in any court of record of this state, without further proof of their execution. (b) When it shall appear to a court that any marriage contract duly acknowledged or proved and …

(1) “Premarital agreement” means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. (2) “Property” means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including in…

(a) A premarital agreement must be in writing and signed and acknowledged by both parties. It is enforceable without consideration. (b) As used in this section, “acknowledged” means:(1) A formal declaration or admission before an authorized public officer by the parties who execu…

(a) Parties to a premarital agreement may contract with respect to:(1) the rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;(2) the right to buy, sell, use, transfer, exchange, abandon, lease,…

A premarital agreement becomes effective upon marriage.

After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.

(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:(1) that party did not execute the agreement voluntarily; or(2) the agreement was unconscionable when it was executed and, before execution of the agreement, that party:(i) w…

If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available …

This subchapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.

This subchapter may be cited as the “Arkansas Premarital Agreement Act”.