Download Arizona Prenuptial Agreement Form [PDF]

The Arizona prenuptial agreement is a document that future spouses use to determine their individual property before entering a marriage.

In this agreement, each future spouse will provide a detailed outline of all of their assets and liabilities and determine which one of them will be considered their separate property and not be divided in the event of a divorce.

Considering the importance of this matter, the parties should carefully consider each provision of the prenuptial agreement template. Any mistake made in the process of drafting this document can result in its invalidity and have serious financial consequences for each party.

Laws and Legal Requirements for a Prenuptial Agreement in Arizona

Title 25, Chapter 2, Article 1 of the Arizona Revised Statutes, also called the Arizona Uniform Premarital Agreement Act, regulates the status of prenuptial agreement forms in Arizona.

Below, you can find the most important provisions that regulate the prenuptial agreement form:

Signing Requirements for a Prenuptial Agreement in Arizona

Both spouses must sign the prenuptial agreement form, according to Arizona state law. It is also recommended that the parties sign the prenuptial agreement in front of a notary public, as this action will provide additional authenticity for the document and prevent any fraudulent activities.

Finally, each partner must sign a prenuptial agreement of their own free will.

Prenuptial Agreement Enforcement in Arizona

The prenuptial agreement must be in writing and have both parties' signatures for it to be enforceable in Arizona.

Moreover, the provisions in the agreement must be considered fair for both parties, meaning they should not unproportionally benefit or damage one party of the agreement.

If one of the parties proves that they have unwillingly signed the prenuptial agreement, the court will also consider it unenforceable.

Finally, the agreement should include information about all the assets of each party in order to be considered enforceable in Arizona.

What Can a Prenuptial Agreement in Arizona Cover?

After marriage, a prenuptial agreement is used to determine what property will be excluded from the marital property and divided between the spouses. This simplifies the divorce procedures and prevents potential disputes between the partners.

Therefore, the prenuptial agreement should include information about all assets and accounts owned by each partner. Moreover, the partners can use the prenup agreement to define how the property acquired during the marriage will be divided. Besides the assets, the partners can also define how to divide the liabilities, like debts or loans.

However, the prenup agreement can’t be used to waive or determine the rights connected to child support or custody over children since this matter is regulated by the court.

Prenuptial Agreement in Arizona Validity Criteria

The first requirement for the validity of the prenuptial agreement is that the document be in writing.

Second, both parties must sign the document. Signatures must be made voluntarily and willingly for the document to be considered valid. Moreover, both parties should have the mental capacity to understand the consequences of signing such an agreement.

In addition, each party should be fully aware of the other party’s financial situation before signing the prenuptial agreement. Otherwise, the court might deem the document invalid. The best way to secure this is to attach each party's financial statements to the document.

Finally, it is important that the prenuptial agreement template include all the necessary provisions and be in line with federal and state laws and regulations.