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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
postnuptial agreements; enforcement
Purpose
Outlines requirements relating to the enforceability of postnuptial agreements.
Background
A premarital agreement is an agreement between prospective spouses that is made in contemplation of marriage and that becomes effective on marriage. A premarital agreement must be in writing and signed by both parties and is enforceable without consideration, unless the person against whom enforcement is sought proves that the person did not execute the agreement voluntarily or the agreement was unconscionable when it was executed and before execution that person: 1) was not provided a fair and reasonable disclosure of the property or financial obligations of the other party; 2) 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 period; and 3) did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party (A.R.S. §§ 25-201 and 25-202).
The parties to a premarital agreement may contract with respect to the: 1) rights and obligations of each of the parties in any of the property of either or both parties, whenever and wherever acquired or located; 2) right to manage and control property as prescribed, including the right to buy, sell, lease, transfer and mortgage property; 3) disposition of property on separation, marital dissolution, death or the occurrence or nonoccurrence of any other event; 4) modification or elimination of spousal support; 5) making of a will, trust or other arrangement; 6) ownership rights in and disposition of the death benefit from a life insurance policy; 7) choice of law governing the construction of the agreement; and 8) any other matter, including the personal rights and obligations of the parties, not in violation of public policy or a statute imposing a criminal penalty. After marriage, a premarital agreement may only be amended or revoked by a written agreement signed by the parties (A.R.S. §§ 25-203 and 22-204).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a postnuptial agreement to be in writing and signed by both parties.
2. Specifies that a postnuptial agreement becomes effective on execution by both parties.
3. Deems a postnuptial agreement as unenforceable if the person against whom enforcement is sought proves that the:
a) postnuptial agreement is not free from any fraud, coercion or undue influence;
b) person did not act with full knowledge of the property involved and the person's rights in the postnuptial agreement; or
c) postnuptial agreement is not fair and equitable and does not reflect a mutual intent to divide or delineate one or both spouse's property interests.
4. Specifies that the party who is seeking to challenge the postnuptial agreement has the burden of proving by clear and convincing evidence that the postnuptial agreement is unenforceable.
5. Allows the parties to a postnuptial agreement to contract with respect to the same conditions as prescribed for premarital agreements.
6. Prohibits the right to child support from being adversely affected by a postnuptial agreement.
7. Allows a postnuptial agreement to be amended or revoked only by a written agreement signed by the parties.
8. Specifies that the statute of limitations for an action asserting a claim for relief under a postnuptial agreement is tolled during the marriage of the parties.
9. Defines postnuptial agreement as an agreement entered into during marriage to divide or delineate one or both spouse's property interests.
10. Makes conforming changes.
11. Becomes effective on the general effective date.
House Action
JUD 2/18/26 DPA/SE 9-0-0-0
3rd Read 3/9/26 48-4-7-0-1
Prepared by Senate Research
March 23, 2026
ZD/KS/ci