What Is an Arizona Prenuptial Agreement?
A prenuptial agreement in Arizona is a legal document that helps couples decide how to manage money, property, and debts before they get married. It is governed by Arizona’s version of the Uniform Premarital Agreement Act (UPAA), as outlined in Arizona Revised Statutes §§ 25-201 to 25-205. A prenup can protect you from having to pay your spouse’s debts, keep an inheritance within your family, and help provide for children from a previous relationship.
Arizona is a community property state, meaning the law dictates a 50/50 split of property in a divorce settlement agreement. A prenuptial agreement allows you and your future spouse to alter the default state laws and mutually decide how to divide your assets and debts should you later separate. Similarly, couples who are already married can enter into a postnuptial agreement in Arizona.
How to Write a Prenuptial Agreement in Arizona
Legal Templates’ Arizona prenuptial agreement template walks you through the process of drafting your own valid, court-recognized document.
- Include identifying information: Write the full names and addresses of both people, and list any children from this or past relationships.
- Delegate martial vs. separate property: Choose which property will stay separate and which will be shared. This includes things like homes, cars, businesses, bank accounts, retirement savings, and insurance.
- Protect business holdings: Decide who will own any business, or how you will split a business you both share.
- Disclose debts: Write down all debts, like student loans, mortgages, car loans, and credit cards. Decide who will be responsible for each debt if you divorce.
- Determine tax filing status: Mark whether you plan to file taxes jointly or separately.
- Divide the marital home: Assign ownership of the marital home to one spouse, or if the property is sold, how to divide the proceeds of the sale. Set parameters for the sharing of household expenses during the marriage.
- Set alimony: Name the amount and terms of spousal support, or you may mutually choose to waive alimony, as per AR Code 25-203.
- Include additional clauses: Add clauses for the care of a disabled spouse or support of children from a previous relationship.
- Guarantee fair disclosure: Affirm that both parties fairly disclosed all assets and debts.
- Agree on dispute resolution: Decide together how you will handle future legal disputes.
- Sign and notarize: Both parties should voluntarily sign the agreement without coercion, as per AR Code 25-202. Arizona doesn’t require notary acknowledgement for prenuptial agreements, but involving a notary public can protect you from future legal challenges.
Sample Arizona Prenuptial Agreement
Below, view a sample Arizona prenuptial agreement. When you’re ready, use our document editor to personalize our template to meet your requirements and then download in PDF or Word format.
Legal Requirements in Arizona
Arizona prenuptial agreements are valid as long as they follow Uniform Premarital Agreement Act standards for enforceability.
Signing
An Arizona prenuptial agreement must be in writing and signed voluntarily by both parties, free from coercion or undue influence, as stated in AR Code 25-202.
Enforceability
Under AR Code 25-201, prenuptial agreements are created before marriage and take effect when the couple is legally married. The terms of an agreement must be fair and conscionable to both parties, according to AR Code 25-202. If an Arizona court suspects coercion or fraud, finds the terms unfair to one spouse, or if the marriage does not take place, the court will invalidate the terms of the agreement.
Financial Disclosure
Arizona courts recognize the validity of prenuptial agreements, provided both spouses fully and fairly disclose their assets and debts when drafting the document or did not waive the right to receive disclosure, as outlined in AR Code 25-202.
Excluded Terms
Prenuptial agreements address the division of property, modification of spousal support, and ownership rights of financial accounts. However, they cannot include any terms that adversely affect the rights of a child to receive support according to AR Code 25-203.
Attorney Representation
Arizona does not require legal representation to draft a prenuptial agreement. However, we recommend that both spouses hire independent legal counsel to protect their interests and ensure a fair arrangement.
Spousal Support Waivers
If a prenuptial agreement changes or eliminates spousal support, and one spouse ends up needing public assistance, Arizona courts can still order support in order to ensure that assistance is no longer necessary. This is true regardless of what the prenup states, as noted in AR Code 25-202.
Modifications and Sunset Clauses
A prenuptial agreement in Arizona can only be changed or canceled after marriage with a new written agreement signed by both parties, as stated in AR Code 25-204. The original prenup may also include a sunset clause, which sets a time or event (like the couple’s 10th anniversary or the birth of a child) when certain parts of the agreement will end.
Statute of Limitations
Under AR Code 25-205, the statute of limitations for challenging a prenuptial agreement is tolled during the marriage, meaning it does not run while the parties are married. Once the marriage ends, through divorce, legal separation, or death, the applicable statute of limitations begins to run for any claims that could be asserted under the agreement.
