Arkansas Divorce Settlement Agreement: What to Include and How to File

What the Marital Settlement Agreement Does

In an uncontested Arkansas divorce, the Marital Settlement Agreement (MSA) is the single most important document you'll produce. It's the written contract between you and your spouse that resolves every issue — who gets what property, who takes which debts, how custody works, and whether either party pays support.

The circuit judge reviews this agreement before signing your decree. If it's incomplete, ambiguous, or missing required provisions, the judge sends it back. Your case stalls until you fix it.

An MSA that covers everything the court needs is what separates a 30-day uncontested timeline from a 90-day back-and-forth.

Required Provisions

Arkansas circuit judges expect your settlement agreement to address every applicable category. Leaving one out doesn't mean it's waived — it means the judge can't sign off.

Property division:

• Real property (who gets the house, land, rental properties)
• Vehicles (who keeps each car, who handles remaining loan balances)
• Bank accounts and cash (checking, savings, CDs — both joint and individual)
• Retirement accounts (401(k), IRA, pensions — specify whether any portion is marital property)
• Personal property (furniture, electronics, jewelry, collections)
• Business interests (ownership stakes, professional practices)

Debt allocation:

• Mortgage responsibility
• Car loans
• Credit card balances (both joint and individual cards used for marital expenses)
• Student loans
• Medical debt
• Tax obligations

Child custody and support (if minor children):

• Legal custody designation (joint or sole)
• Physical custody schedule with specific days and times
• Holiday and vacation rotation
• Child support amount (calculated per Administrative Order No. 10)
• Health insurance responsibility for the children
• Childcare cost allocation
• Decision-making authority (medical, educational, religious)
• Transportation for custody exchanges

Spousal maintenance (alimony):

• Whether either party pays maintenance
• Amount and duration if applicable
• Conditions for termination (remarriage, cohabitation, death)

Other provisions:

• Name restoration (if either party wants to resume a former name)
• Tax filing status for the current year
• Life insurance beneficiary changes
• Who claims children as dependents for tax purposes

Drafting the Agreement

Arkansas doesn't mandate a specific form for the MSA — it's a freeform contract between the parties. But structure matters for judicial review. The clearest format:

1. Header identifying both parties, the case number (if already filed), and the county
2. Recitals stating that both parties enter the agreement voluntarily, with full knowledge of marital assets and debts
3. Numbered paragraphs addressing each category above
4. Signature blocks for both parties with a date line
5. Notarization blocks (recommended, sometimes required — see below)

Be specific. "Wife gets the house" isn't sufficient. "Wife shall receive sole ownership of the real property located at 123 Oak Street, Little Rock, AR 72201, and Husband shall execute a quitclaim deed within 30 days of the decree" gives the judge what they need.

Notarization Requirements

Whether your MSA needs notarization depends on your county judge. The safest practice: notarize both signatures. No judge rejects a notarized MSA, but some reject un-notarized ones.

If your MSA includes a real property transfer, notarize regardless — the quitclaim deed referenced in the agreement will need notarization anyway, and having the underlying agreement notarized prevents any challenge to its authenticity.

Both parties do NOT need to sign at the same time or before the same notary. Spouse A can sign and notarize in Fort Smith on Monday, and Spouse B can sign and notarize in Jonesboro on Thursday.

Common Mistakes That Send Agreements Back

Missing debt allocation. Courts want to see every known debt assigned to one party. Silence on debts means the judge can't enter a decree that protects both parties.

Vague custody language. "Reasonable visitation" is increasingly rejected. Specify the schedule: "Father shall have physical custody every other weekend from Friday at 6:00 PM to Sunday at 6:00 PM, alternating holidays per the attached schedule."

Child support deviating from guidelines without explanation. If you agree on an amount different from what the Administrative Order No. 10 worksheet calculates, include a written explanation of why the deviation serves the children's best interests. The judge needs this to approve a non-standard amount.

Forgetting the pension. If either spouse has a 401(k), IRA, or pension with contributions made during the marriage, the marital portion is divisible. Your MSA needs to address it — even if the agreement is "each party retains their own retirement accounts."

No provision for future disputes. Include a clause specifying how disagreements about the agreement's terms will be resolved (mediation before litigation, which county has jurisdiction).

Filing the Agreement

The MSA is submitted to the court as part of your final decree packet. It's typically attached as an exhibit to the proposed Decree of Divorce or referenced and incorporated by the decree. Don't file it with your initial complaint — it's a finalization document.

Timing: submit the MSA after the 30-day waiting period expires and after both parties have exchanged Affidavits of Financial Means. The financial exchange ensures both parties made the agreement with full knowledge of the marital estate.

The Property Settlement Agreement Distinction

You'll sometimes see "Property Settlement Agreement" used interchangeably with "Marital Settlement Agreement." In Arkansas practice, they're the same document. Some attorneys use "Property Settlement Agreement" when there are no children involved (since the agreement covers only property and debt) and "Marital Settlement Agreement" when children are involved (since it also addresses custody and support). Either title works with the court.

The Arkansas Divorce Filing Process Guide includes a fill-in framework for drafting your settlement agreement, organized by the categories judges look for, so nothing gets missed.

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