Arizona Prenuptial Agreements

By Olivia Wathne, Esq. | Legally reviewed by Olivia Wathne, Esq. | Last reviewed August 08, 2024

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A prenuptial agreement (also called a premarital agreement) is a legal document that addresses marital property and other issues that arise in the event of a divorce. It's a binding document signed before the wedding date but becomes effective when the marriage ends.

A valid prenup can also designate responsibilities during the marriage, such as household duties and financial responsibilities for each spouse. Many engaged couples consider prenups, especially if they bring many assets and financial interests to the marriage.

Arizona Prenuptial Agreements: Chart

Because of how statutes are written, it's sometimes difficult to understand every detail. You can get help by consulting legal counsel and reading a plain language version of the content. See the chart below to learn more about the Arizona Uniform Premarital Agreement Act, which governs 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 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.
Enforcement

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

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Related Resources for Arizona Prenuptial Agreements

Considering a Prenuptial Agreement? Connect With an Attorney

If you're considering a prenuptial agreement or have a dispute over an existing prenup, you should speak with an experienced attorney for legal advice. Connect with an Arizona family law attorney near you today to learn more.

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