Premarital Agreement – Glossary

Property & Real Estate

A written contract between future spouses that governs property rights and financial obligations during and after marriage.

A premarital agreement (commonly called a prenup) is a binding contract between two people who intend to marry. Under Arizona law (A.R.S. 25-201 through 25-205), it must be in writing and signed by both parties. It becomes effective on the date of the marriage.

What a Premarital Agreement Can Cover

Arizona gives couples broad flexibility. A premarital agreement can address:

Property rights and obligations for assets acquired before or during the marriage
The right to buy, sell, manage, or dispose of property
How property is divided at separation, dissolution, or death
Change or elimination of spousal support
Provisions for wills, trusts, or other estate planning arrangements
Ownership and disposition of life insurance death benefits

One firm limit: a premarital agreement cannot reduce a child's right to support.

Enforceability Rules

A premarital agreement is not enforceable if the challenger can show they did not sign voluntarily. It is also unenforceable if it was unconscionable and proper financial disclosure was missing. After marriage, the agreement can only be changed or revoked in writing with both signatures.