Arizona Prenuptial Agreements

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)

Prenuptial agreements can’t resolve every issue. Arizona law limits the scope of prenups and determines what can and can’t be in a valid prenuptial agreement.

• The rights and obligations of each spouse about 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 some other meaningful event
• The modification or elimination of spousal support and alimony
• Provisions related to child custody, though these will be subject to court approval to ensure they are in the best interests of the child
• Financial obligations, including the division of bank accounts and significant assets
• 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
• Choice of law decisions for the agreement
• Financial disclosure requirements to ensure transparency about each party’s assets and liabilities
• Handling of business interests, including how to manage or divide them
• Provisions related to previous marriages and handling of separate property brought into the marriage

Agreements may not include matters that

• Include terms contrary to public policy
• Involve a crime
• Adversely affect a child’s rights for child support
• Violate community property laws

Amendment/ revocation

After the marriage, you can update your prenup with a postnuptial agreement. But, the prenup may get amended or revoked only by a written agreement signed by both parties; the amended agreement is enforceable without consideration.

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

• That they didn’t sign the prenup voluntarily
• The prenup was so unfair that it was unconscionable at execution