Premarital Agreements
Arizona adopted the Uniform Premarital Agreement Act (“Act”) effective September 21, 1991. Any premarital agreement entered into before September 21, 1991 is governed by the law in existence at that time. Premarital agreements entered into after September 21, 1991 are governed by the Act. The Act allows parties contemplating marriage to enter into an agreement that is effective on marriage.
The scope of the agreement under the Act may include:
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.
3. The disposition of property on separation, marital dissolution, death or the occurrence or nonoccurrence of any other event.
4. The modification or elimination of spousal maintenance.
5. The making of a will, trust or other arrangement to carry out the provisions of the agreement.
6. The ownership rights in and disposition of the death benefit from a life insurance policy.
7. The choice of law governing the construction of the agreement.
8. Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
The right of a child to support may not be adversely affected by a premarital agreement.
It is recommended that both parties to a premarital agreement have independent legal counsel before entering into such agreement.
