Arizona Premarital and Prenuptial Agreements
The Uniform Premarital Agreement Act, which was written by the National Conference of Commissioners on Uniform State Law in 1983, encourages the enforcement of prenuptial agreements. The exact UPAA standards differ from state to state just like other divorce laws. The following is the Arizona state statutes regarding premarital and prenuptial agreements and how they are considered and enforced by the Arizona court.
Arizona: A.R.S. Title 25 Chap. 2 Art.1 §§ 25-201 to 25-205
In this article, unless the context otherwise requires:
1. "Premarital agreement" means an agreement between prospective spouses that is made in contemplation of marriage and that is effective on marriage.
2. "Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.
25-202. Enforcement of premarital agreements; exception
A. A premarital agreement must be in writing and signed by both parties. The agreement is enforceable without consideration.
B. The agreement becomes effective on marriage of the parties.
C. The 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.
D. If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.
E. An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
F. If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
25-203 Scope of Agreement
A. 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
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
B. The right of a child to support may not be adversely affected
by a premarital agreement.
25-204. Amendment or revocation of agreement
After marriage, a premarital agreement may be amended
or revoked only by a written agreement signed by the parties.
The amended agreement or the revocation is enforceable
25-205 Limitation of actions
A statute of limitations applicable to an action asserting a claim
for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.