Free Arizona Prenuptial Agreement Template

An Arizona prenuptial agreement is a written contract between future spouses that takes effect on marriage. Arizona treats property acquired during marriage as community property, with listed exceptions. A prenup lets couples set different rules.

Arizona’s premarital rules sit in the Arizona Uniform Premarital Agreement Act, A.R.S. §§ 25-201 to 25-205.

The Default Your Agreement Can Change

Under § 25-211, property either spouse acquires during marriage is community property, with listed exceptions. Meanwhile, § 25-213 keeps certain property separate:

• Property a spouse owned before marriage
• Gifts, inheritances, and property received by will during marriage
• The increase, rents, and profits from that separate property

A prenup can override these defaults. Section 25-203 lets partners contract over any property of either or both, whenever and wherever acquired.

Writing, Signatures, and Timing

The agreement must be in writing and signed by both partners. It needs no separate payment to be enforceable, and it takes effect on marriage.

A Safety Valve for Spousal Support

You can limit or remove spousal support. Still, § 25-202(D) adds a check. Suppose that choice would leave one spouse eligible for public assistance at separation or divorce. In that case, a court may order support anyway.

Changes and Deadlines After the Wedding

Once married, you can only amend or revoke the agreement by a written agreement you both sign. Also, the marriage pauses any statute of limitations on a claim under the agreement. Even so, either spouse may still raise laches or estoppel.

Yes, unless the challenger proves a specific defense. Under § 25-202(C), the spouse fighting the agreement carries the burden.

Proving either of these defeats it:

1. The challenger didn’t sign voluntarily.
2. It was unconscionable when signed, and before signing the challenger lacked all three protections below.

Those three protections are:

• Fair and reasonable disclosure of the other partner’s property or debts
• A voluntary, express written waiver of more disclosure
• Adequate knowledge of those finances, actual or reasonably available

The court decides unconscionability as a matter of law. Finally, a court may find the marriage void. Then it enforces the agreement only as needed to avoid an inequitable result.

1. Sort your property into separate and shared. Start with what each of you owned before the engagement.
2. Exchange full disclosures. If either partner waives further disclosure, put that waiver in writing.
3. Settle support terms carefully. Keep the public-assistance rule in mind before you remove support entirely.
4. Both sign the written agreement before the wedding. It takes effect on marriage, not on signing.
5. Plan for updates. After you marry, use a signed written amendment for any change.

Section 25-203 lists what an Arizona prenuptial agreement may address. Use it as your checklist:

• Each partner’s rights in property, whenever and wherever acquired
• Rights to buy, sell, lease, mortgage, or otherwise manage property
• What happens to property on separation, divorce, death, or another event
• Changes to, or removal of, spousal support
• A will, trust, or other plan to carry out the agreement
• Ownership of a life insurance death benefit
• Which law governs the agreement
• Other personal rights and duties that don’t break public policy or criminal law

One limit applies to every Arizona prenuptial agreement: it can’t reduce a child’s right to support.