Download Arizona Postnuptial Agreement Form [PDF]

Follow our step-by-step guide on how to draft the Arizona postnuptial agreement using our professionally designed template.

Last update: 2 May 2024

Download Arizona Postnuptial Agreement Form [PDF]

The Arizona postnuptial agreement is a legal document created between two spouses for the purpose of defining their financial and non-financial relationship during the marriage. The parties mainly use it to determine how they will divide marital property in case they get divorced, but it can also outline the rights for managing the property during the marriage.

There is a difference between postnuptial and prenuptial agreements. While the prenup agreement becomes valid from the moment parties get married, the postnup agreement is created when they have already entered the marriage.

In other words, the postnup agreement determines the rights and obligations of each spouse from the moment of signing the agreement onward.

Laws and Legal Requirements for a Postnuptial Agreement in Arizona

The laws and legal requirements for a postnuptial agreement in Arizona are outlined in court precedents as well as several provisions of the state law.

Ariz. R. Fam. Law. proc. 69(c) provides the rules on which party will have a burden of proof in disputes related to the validity of the postnuptial agreement. It states that the party challenging the enforcement and validity of the postnup agreement must provide substantial evidence for their claims.

Signing Requirements for a Postnuptial Agreement in Arizona

As provided by Ariz. R. Fam. Law. proc. 69, both parties to the postnuptial agreement must sign the document. Alternatively, their counsels can sign the document on their behalf.

In principle, the postnuptial agreement form must be made in writing. However, the state law provides a possibility for the parties to create their agreement orally, in the presence of a judge, certified court reporter, or commissioner.

Although not required, the parties can also consider signing their postnuptial agreement in front of a notary public. The notary public will confirm the identity of both parties and acknowledge that they have personally signed the document. In this way, the document will have additional confirmation of its authenticity.

Postnuptial Agreement Enforcement in Arizona

In re Harber’s Estate (1969) provides certain requirements for postnuptial agreement enforcement in Arizona.

It provides that, in order to be considered enforceable, the Arizona postnuptial agreement form must fulfill the following criteria:

Postnuptial Agreement Enforcement Conditions

  • It must be signed by both parties freely and without influence or coercion

  • Both parties must have full knowledge of the consequences of signing the agreement

  • It must be fair and equitable for both parties to the agreement.

What Can a Postnuptial Agreement in Arizona Cover?

The postnuptial agreement in Arizona can cover multiple aspects of the financial and non-financial relationship between the two spouses, as long as it is in line with state law and public policy.

Below, you can see some of the matters that are most commonly regulated by the Arizona postnuptial agreement template:

Provisions in a Postnuptial Agreement

  • The rights and obligations of each spouse in terms of their individual and marital property

  • Right to buy, sell, lease, mortgage, or manage the property acquired during the marriage.

  • Rules on how the property will be divided in case of a divorce, marriage dissolution, death, or other similar events

  • Matters related to the life insurance, pension fund, and spousal support

However, the agreement cannot regulate matters such as child support since this is in the exclusive jurisdiction of the court.

Postnuptial Agreement in Arizona: Validity Criteria

To be considered valid, the Arizona postnuptial agreement must be made in written form or orally in front of the judge, certified court reporter, or commissioner. Moreover, both parties to the agreement must sign the postnuptial agreement. This can be done in person or by the parties appointed representatives.

The parties can make multiple postnuptial agreements that can regulate different matters, and they will all be valid. If the parties want to change some of the provisions of the postnuptial agreement, they can make a new agreement that will replace the old one.

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