Arizona: A
Statutes
Arizona Uniform Premarital Agreement Act
Separate Property
All assets can remain separate property, avoiding costly divorce settlements. Joint assets and debts titled in both names are split 50/50 as marital property.
Unconscionability at Execution Only
Courts review unconscionability only at signing, not at enforcement. Changed circumstances during marriage will not invalidate a prenup.
Unconscionability Standard
A prenup is invalid only if extremely one-sided AND signed without fair financial disclosure (or written waiver) AND the challenging party lacked knowledge of the other's finances.
Spousal Support Public Assistance Minimum
Complete waivers of spousal support are generally enforceable. However, courts may override waivers if elimination causes one party to become eligible for public assistance, requiring the other party to provide minimum support necessary to avoid state eligibility.
Timing
We recommend signing the prenup 30-60 days before with 2-3 weeks review time to reduce the risk of challenge. Even better, sign the prenup before proposing, to keep legal matters separate from wedding planning and make informed engagement decisions.
Independent Counsel
Not required by law, but dramatically strengthens enforceability, making it almost impossible to later claim unfairness, unconscionability, or involuntary execution
Financial Disclosure
"Fair and reasonable disclosure" of property and financial obligations required, or can be expressly waived in writing.
Extremely High Burden to Challenge
Only two statutory defenses allowed: involuntary execution or unconscionability plus lack of disclosure/knowledge. The challenging party bears the burden of proof.
Child Support
Child support and custody clauses are unenforceable and could undermine the entire agreement. Do not include.
Case Law
We were unable to find any cases where prenuptial agreements were rejected or modified in Arizona.
Pownall v. Pownall (Arizona Court of Appeals - date unknown)
The Arizona Court of Appeals reversed a trial court decision that invalidated a prenuptial agreement, holding that the wife had sufficient information about the husband's assets before signing, even though she was not aware of all assets.
Schlaefer v. Financial Management Service, Inc. (Arizona Court of Appeals - date unknown)
The Arizona Court of Appeals held that a premarital agreement was binding on creditors, preventing the wife's creditors from collecting her debt from the husband's separate property assets.
Ertl v. Ertl, 252 Ariz. 308 (App. 2021)
The Arizona Court of Appeals held that electronic signatures (including email signatures) satisfy signature requirements for family law agreements and that when a separation agreement incorporates a prenuptial agreement, it must meet the stricter prenuptial agreement enforceability standards under A.R.S. § 25-202(C).