What Arizona Means by "Premarital Agreement"
A premarital agreement is simply a contract between two people who intend to get married. It is made before the wedding and only becomes effective once the marriage takes place. In Arizona, these agreements are governed by a specific set of statutes that define the rules for creating, enforcing, and modifying them.
"Premarital agreement" means an agreement between prospective spouses that is made in contemplation of marriage and that is effective on marriage.
A.R.S. § 25-201(1)The statute also establishes a broad definition of "property," which matters because premarital agreements are primarily about how property is handled during and after a marriage.
Property Covers More Than You Might Expect
Under this statute, property is not limited to homes or bank accounts. It includes any interest, whether present or future, legal or equitable, vested or contingent. That covers real estate, personal property, income, and earnings. If it has value or could have value down the road, it falls within the definition.
"Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.
A.R.S. § 25-201(2)This broad definition gives couples significant flexibility when drafting a premarital agreement. They can address existing assets, future income, retirement benefits, business interests, and any other financial matter that could arise during the marriage. For couples entering a second marriage with children from prior relationships, understanding this definition is especially important when separating community and separate property interests.
