Arizona Postnuptial Agreement Form

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Updated August 07, 2022

Or use an attorney at ContractsCounsel to draft this agreement.


An Arizona postnuptial agreement is a contract between the spouses in a marriage that sets out what will happen to the couple’s property if the marriage ends in divorce or death. It may also be called a martial agreement and can help avoid the uncertainty associated with the distribution of property during a divorce. Unlike a prenuptial agreement, or prenup, which becomes effective as soon as a couple’s marriage begins, a postnuptial agreement is signed after the couple is already married.

Signing Requirements (Ariz. R. Fam. Law. proc. 69) – The agreement must be signed by both parties or by the parties’ counsel acting on their behalf. The terms may be stated orally in the presence of a judge, commissioner, or certified court reporter. The parties may also create an audio recording in the presence of a court-appointed mediator or settlement officer.

Laws

Burden: An agreement that meets the above requirements is presumed valid, and a party who challenges the validity of an agreement has the responsibility to prove any defect in the agreement. Ariz. R. Fam. Law. proc. 69(c)

Enforceability: Married couples can prospectively divide their property, but the agreement must be free from fraud, coercion, or undue influence. The parties must have full knowledge of the property involved and their respective rights to it. And the settlement that results must be fair and equitable. In re Harber’s Estate (1969).