Arizona Prenuptial Agreement – Laws

An Arizona prenuptial agreement, or “premarital agreement”, allows a couple to separate their finances and debt prior to marriage in the chance of divorce in the future. It’s required that before entering into an agreement that each party fully disclose their financial background. When agreeing to terms, both parties must consent that they did voluntarily and without coercion or duress from the other spouse.  It’s recommended to have signed at least thirty (30) days prior to the wedding date and for each party to have at least five (5) days to think about the agreement before signing.

Signing Requirements (§ 25-202) – Both individuals must sign the document of their own free will. Recommended to have authorized in the presence of a notary public.

Laws

  • ARS § 25-201 – Definitions. “Premarital agreement” means an agreement between prospective spouses that is made in contemplation of marriage and that is effective on marriage.
  • ARS § 25-202 – Enforcement of premarital agreements; exception
  • ARS § 25-203 – Scope of agreement
  • ARS § 25-204 – Amendment or revocation of agreement
  • ARS § 25-205 – Limitation of actions