The Basic Requirements for a Valid Agreement
Arizona keeps the requirements straightforward. A premarital agreement must be in writing and signed by both parties. No additional consideration (something of value exchanged) is needed to make it enforceable. The agreement sits dormant until the wedding day, at which point it becomes binding.
A premarital agreement must be in writing and signed by both parties. The agreement is enforceable without consideration.
A.R.S. § 25-202(A)If the marriage never happens, the agreement has no legal effect. It only springs to life when the couple says "I do."
When a Court May Refuse to Enforce It
Arizona recognizes that not every signed agreement is a fair one. A premarital agreement is not enforceable if the person challenging it can prove one of two things: they did not sign voluntarily, or the agreement was unconscionable when it was signed and they were not given proper financial disclosure.
The agreement is not enforceable if the person against whom enforcement is sought proves either of the following: 1. The person did not execute the agreement voluntarily. 2. The agreement was unconscionable when it was executed and before execution of the agreement that person was not provided a fair and reasonable disclosure of the property or financial obligations of the other party.
A.R.S. § 25-202(C)There is also a safety net for spousal support. If a provision in the agreement eliminates spousal support and that leaves one spouse eligible for public assistance at the time of separation or dissolution, the court can override that provision and require reasonable support. The question of whether an agreement is unconscionable is decided by the judge as a matter of law, not by a jury.
