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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: JUD DPA/SE 9-0-0-0 |
HB 2861: firearm destruction
S/E: postnuptial agreements; enforcement
Sponsor: Representative Nguyen, LD 1
Caucus & COW
Summary of the Strike-Everything Amendment to HB 2861
Overview
Establishes governing rules and requirements for the enforcement and use of postnuptial agreements.
History
The Arizona Uniform Premarital Agreement Act in A.R.S. Title 25, Chapter 2, Article 1 governs premarital agreements and includes definitions and procedural and substantive rules for enforceability. Current law defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective on marriage. A premarital agreement must be in writing and signed by both parties, becomes effective on marriage, and is not enforceable if the person against whom enforcement is sought proves the agreement was not executed voluntarily or was unconscionable when executed and the required financial disclosure conditions were not met. Current law also specifies the permissible scope of premarital agreements (including property rights, disposition on dissolution or death and modification or elimination of spousal support), while providing that a child’s right to support may not be adversely affected. Premarital agreements may be amended or revoked after marriage only by a written agreement signed by the parties, enforceable without consideration. Additionally, statutes of limitation for actions asserting claims for relief under premarital agreements are tolled during the marriage, with equitable defenses available.
Provisions
1. Requires postnuptial agreements to be in writing and signed by both parties. (Sec. 2)
2. Instructs that postnuptial agreements become effective on execution by both parties. (Sec. 2)
3. Specifies that postnuptial agreements are not enforceable if:
a. The agreement is not free from fraud, coercion or undue influence;
b. The person did not act with full knowledge of the property involved and the person's rights;
c. The agreement is not fair and equitable; or
d. The agreement does not reflect a mutual intent to delineate one or both spouse's property interests. (Sec. 2)
4. Provides that a party seeking to challenge the postnuptial agreement must show by clear and convincing evidence that the agreement is not enforceable. (Sec. 2)
5. Includes postnuptial agreements into the existing statutory framework, of the Arizona Uniform Premarital Agreement Act, that governs premarital agreements. (Sec. 3, 4, 5)
6. Defines postnuptial agreement. (Sec. 1)
7. Makes a conforming change. (Sec. 1)
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Initials NM HB 2861
2/18/2026 Page 0 Caucus & COW
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