What "Premarital Agreement" Means
A premarital agreement is a contract between two people who plan to get married. Both parties sign it before the wedding. It only takes effect once the marriage happens.
"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)Arizona law has a specific set of rules for these agreements. These rules cover how to create, enforce, and change them.
Both parties must sign the agreement before the wedding. Arizona courts review the terms to decide if it is enforceable. The statute also sets a broad definition of "property." This matters because prenuptial agreements focus on how property, assets, and debts are handled.
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. That covers real estate, personal property, income, and earnings.
"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 a lot of flexibility. For example, they can address existing assets, future income, and retirement benefits. They can also cover business interests and other financial matters.
For couples entering a second marriage with children from prior relationships, this definition is key. A prenuptial agreement can help sort out community and separate property. It can also address child support from a prior marriage. However, it cannot reduce a child's right to support.