Broad Freedom With One Clear Boundary
The law gives couples a wide range of topics to cover in a premarital agreement. The statute lists eight categories. These range from property rights and spousal support to life insurance and choice of law.
It also includes a catch-all. Couples can address any other matter that does not break public policy or criminal law.
Parties to a premarital agreement may contract with respect to: 1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located. 2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign or create a security interest in, mortgage, encumber, dispose of or otherwise manage and control property.
A.R.S. § 25-203(A)(1)-(2)This means couples can spell out exactly how their property will be managed. They can define what happens to separate property after a divorce or death. The terms of the agreement control how assets are divided.
Estate Planning Integration
One of the most overlooked parts of premarital agreements is how they connect to estate planning. The statute allows rules about making a will, trust, or other arrangement to carry out the agreement.
For couples entering a second marriage, this is especially useful. A premarital agreement can protect each spouse's children from a prior relationship. It can also provide for the surviving spouse. It can work with a living trust to create a clear, enforceable plan.
The statute also lets couples address child custody in other legal documents. However, the premarital agreement itself cannot hurt a child's right to support.