Prenuptial Agreement

Basics

A prenuptial agreement or premarital agreement is an agreement between prospective spouses that is made in contemplation of marriage and that is effective on marriage.

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, consume, expend, assign or create a security interest in, mortgage, encumber, dispose of or otherwise manage and control property.

3. The disposition of property on separation, marital dissolution, death or the occurrence or nonoccurrence of any other event.

4. The modification or elimination of spousal support.

5. The making of a will, trust or other arrangement to carry out the provisions of the agreement.

6. The ownership rights in and disposition of the death benefit from a life insurance policy.

7. The choice of law governing the construction of the agreement.

8. Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

The right of a child to support may not be adversely affected by a premarital agreement.

Requirements for valid agreement

A prenuptial agreement must be in writing and signed by both parties.

A prenuptial agreement is not enforceable if the person against whom enforcement is sought proves either of the following: 1. The person did not execute the agreement voluntarily. 2. The agreement was unconscionable when it was executed and before execution of the agreement that person: (a) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party. (b) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided. (c) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

See:

A.R.S. 25-201 Definitions

A.R.S. 25-202 Enforcement of premarital agreements; exception

A.R.S. 25-203 Scope of agreement

A.R.S. 25-204 Amendment or revocation of agreement

A.R.S. 25-205 Limitation of actions

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