Arizona Prenuptial Agreements

Statutes

Arizona Revised Statutes

• Section 25-201 (definitions)
• Section 25-202 (enforcement of premarital agreements)
• Section 25-203 (scope of the agreement)
• Section 25-204 (amendment or revocation of agreement)
• Section 25-205 (limitation of actions)

What Can and Can't be Included in the Prenup

Prenuptial agreements can't resolve every issue. Arizona law limits the scope of prenups and determines what can and can't be included in the agreement.

Agreements may include the following:

• The rights and obligations of each spouse regarding separate or community property, whenever and wherever acquired or located;
• The right to: buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
• The disposition of property upon separation or divorce, or when one spouse dies, or upon occurrence of some other meaningful event;
• The modification or elimination of spousal support;
• The creation of Last Wills and Testaments, trusts, or other arrangements necessary to carry out the objectives of the agreement;
• The ownership rights in and distribution of the death benefit from a life insurance policy; and
• Choice of law decisions for the agreement.

Agreements may not include matters that:

• Include terms contrary to public policy;
• Involve a crime; or
• Adversely affect a child's rights for child support.

Amendment/ Revocation

After the marriage, you can update your prenup with a postnuptial agreement.

However, the prenup may be amended or revoked only by a written agreement signed by both parties; the amended agreement is enforceable without consideration.

Enforcement

If a party wants to invalidate the agreement, they can claim the following:

• That they didn't sign the prenup voluntarily; or
• The prenup was so unfair that it was unconscionable when it was executed.