PREMARITAL AGREEMENT

State of Arizona

(Draft Template – Court-Ready)

[// GUIDANCE: This comprehensive template is drafted to comply with the Arizona Uniform Premarital Agreement Act (“UPAA”), A.R.S. §§ 25-201 – 25-205, and Arizona public-policy limitations on spousal-support waivers. Bracketed text “[ … ]” must be customized. Remove all guidance comments before final execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Exhibits & Schedules

1. DOCUMENT HEADER

1.1 Parties.
This Premarital Agreement (“Agreement”) is entered into on [EFFECTIVE DATE] (“Effective Date”) by and between:

• [FULL LEGAL NAME], an individual, residing at [ADDRESS] (“Party A”); and
• [FULL LEGAL NAME], an individual, residing at [ADDRESS] (“Party B,” and together with Party A, the “Parties,” and each a “Party”).

1.2 Recitals.
A. The Parties contemplate legal marriage in the State of Arizona on or about [MARRIAGE DATE] (“Contemplated Marriage”).
B. Each Party desires to define and limit certain rights and obligations arising out of the Contemplated Marriage, including property rights, management and control, debt allocation, and spousal support, consistent with A.R.S. §§ 25-201 – 205.
C. Each Party has made a full, fair, and reasonable disclosure of his or her assets, liabilities, and income as of the Effective Date, as reflected on the attached Schedule A (Financial Disclosure).
D. Each Party enters into this Agreement voluntarily, free from fraud, duress, undue influence, or coercion, having had (or knowingly waived) the opportunity to consult independent legal counsel of his or her own choosing.
E. In consideration of the mutual covenants herein and the marriage to be solemnized between them, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows.

2. DEFINITIONS

The following capitalized terms shall have the meanings set forth below. All definitions apply equally to the singular and plural forms of the terms defined.

“After-Acquired Separate Property” – any Property acquired by a Party after the Marriage Date that is characterized as that Party’s Separate Property under Section 3.2.

“Community Property” – property that would, absent this Agreement, be deemed community property of the Parties under Arizona law.

“Contemplated Marriage” – as defined in Recital A.

“Debt” – any indebtedness, liability, or obligation, whether fixed or contingent, secured or unsecured, including guaranties.

“Financial Statements” – the statements of assets, liabilities, and income delivered by each Party and attached as Schedule A.

“Marriage Date” – the date on which the Parties’ marriage ceremony is lawfully performed.

“Property” – any real, personal, tangible, or intangible asset, including income, earnings, and appreciation thereon.

“Separate Property” – collectively, (a) each Party’s Existing Separate Property and (b) After-Acquired Separate Property.

[// GUIDANCE: Add additional defined terms as needed for unique client circumstances.]

3. OPERATIVE PROVISIONS

3.1 Existing Separate Property.
(a) Confirmation. Each Party affirms sole ownership of the Property listed under his or her name on Schedule A and designates such Property as his or her “Existing Separate Property.”
(b) Management & Control. Each Party shall have exclusive management, control, and disposition rights with respect to his or her Existing Separate Property, free from any claim by the other Party.

3.2 Character of After-Acquired Property.
Except as expressly set forth in Section 3.3, all Property acquired by a Party after the Marriage Date, whether by purchase, gift, inheritance, exchange, or otherwise, together with all rents, profits, and appreciation thereon, shall be that Party’s Separate Property.

3.3 Jointly-Titled Property.
(a) Intent. Property that is hereafter jointly titled in the names of both Parties shall constitute joint property held as [Community Property With Right of Survivorship / Joint Tenancy / Tenancy in Common] in the proportion set forth in the instrument of title.
(b) Presumption Rebuttable. Notwithstanding the form of title, clear and convincing evidence of contrary intent shall control.

3.4 Income, Earnings, and Labor.
All income, earnings, or compensation derived from the personal services, skill, labor, or industry of a Party during marriage shall be and remain that Party’s Separate Property.

3.5 Debts.
(a) Pre-Existing Debts. Each Party shall be solely responsible for Debts incurred prior to the Marriage Date.
(b) Post-Marriage Debts. Debts incurred after the Marriage Date shall be allocated as follows:
i. Debts incurred in connection with Separate Property shall be the sole responsibility of the owning Party; and
ii. Jointly-incurred Debts shall be shared equally unless agreed otherwise in writing.

3.6 Spousal Support.
(a) Waiver. Each Party knowingly and voluntarily waives, releases, and relinquishes any and all rights to temporary, rehabilitative, or permanent spousal maintenance (alimony) from the other Party, except as provided in subsection (b).
(b) Safety Valve. If enforcement of the waiver would cause a Party to become eligible for public assistance at the time of separation or dissolution, the court may, to the extent required by A.R.S. § 25-205(A)(3), order such support as necessary to avoid that result.

3.7 Estate Planning & Death Benefits.
(a) Waiver of Elective Share. Each Party waives all statutory rights to an intestate share, homestead allowance, exempt property, or family allowance in the estate of the other Party.
(b) Testamentary Freedom. Nothing herein limits either Party’s right to provide for the other by will, trust, beneficiary designation, or other instrument.
(c) Survival. The waivers in this Section survive death and are enforceable by the personal representative of either estate.

3.8 Tax Matters.
(a) Separate Tax Liability. Each Party acknowledges and agrees that he or she is individually responsible for his or her separate tax liabilities.
(b) Joint Returns. The Parties may elect to file joint federal or state income-tax returns, provided that any resulting tax liability or refund shall be allocated [EQUALLY / IN PROPORTION TO INCOME / AS OTHERWISE AGREED IN WRITING].

4. REPRESENTATIONS & WARRANTIES

4.1 Full Disclosure. Each Party represents and warrants that:
(a) the Financial Statements delivered to the other Party are complete, accurate, and not misleading in any material respect; and
(b) no material asset or liability has been omitted.

4.2 Voluntariness; Legal Counsel. Each Party further represents and warrants that:
(a) he or she executes this Agreement voluntarily and free from duress, coercion, or undue influence;
(b) he or she has had a reasonable opportunity to seek independent legal counsel of his or her own choosing, and—if represented—counsel has explained the Agreement’s legal effect; and
(c) he or she understands the rights that are being modified or relinquished under this Agreement.

4.3 Survival. The representations and warranties herein shall survive execution of this Agreement and the marriage of the Parties.

5. COVENANTS & RESTRICTIONS

5.1 Confidentiality. The Parties shall keep the terms and existence of this Agreement confidential, except as required by law or as necessary to enforce it.

5.2 Further Assurances. Each Party shall execute and deliver such additional documents as may be necessary to give full force and effect to the terms of this Agreement.

5.3 Notice of Material Change. Each Party shall promptly notify the other of any material change in financial condition that could render the Agreement unconscionable at enforcement.

6. DEFAULT & REMEDIES

6.1 Events of Default. A Party is in default if he or she:
(a) fails to comply with any material provision of this Agreement;
(b) conceals, transfers, or dissipates Separate Property in violation of this Agreement; or
(c) files for dissolution of marriage in a forum other than as provided herein.

6.2 Notice & Cure. The non-defaulting Party shall give written notice of default and a [30]-day opportunity to cure prior to initiating any enforcement action, unless such notice is futile or inequitable under the circumstances.

6.3 Remedies.
(a) Specific Performance. Because damages may be inadequate, the non-defaulting Party is entitled to specific performance, injunctive relief, or other equitable remedies.
(b) Monetary Damages. In addition, the non-defaulting Party may recover actual damages, including reasonable attorneys’ fees and costs.
(c) Cumulative Remedies. All remedies are cumulative and not exclusive.

7. RISK ALLOCATION

7.1 Mutual Indemnification. Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party (“Indemnified Party”) from and against any Claim arising out of (a) the Indemnifying Party’s pre-marital or separate Debts, or (b) the Indemnifying Party’s breach of this Agreement.

7.2 Liability Caps. The aggregate liability of either Party under Section 7.1 shall not exceed [CAP AMOUNT OR FORMULA] (the “Liability Cap”); provided, however, that the Liability Cap shall not apply to fraud, willful misconduct, or an intentional concealment of assets.

7.3 Force Majeure. Neither Party shall be liable for delay or failure in performance caused by events beyond that Party’s reasonable control, including natural disasters, war, or governmental action, except for payment obligations.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Arizona, including the UPAA, A.R.S. §§ 25-201 – 205, without regard to conflict-of-laws principles.

8.2 Forum Selection. Subject to Section 8.3, any proceeding arising out of or relating to this Agreement shall be brought exclusively in the Superior Court of Arizona, [COUNTY] County, Family Court Division.

8.3 Mediation; Limited Arbitration.
(a) Mandatory Mediation. The Parties shall submit any property or spousal-support dispute to non-binding mediation before initiating litigation.
(b) Limited Arbitration. Upon the written election of either Party, property valuation or allocation disputes (but not issues of child support, custody, or parenting time) shall be submitted to binding arbitration administered by [ARBITRATION PROVIDER] under its family-law rules.
(c) Judicial Review. The arbitration award may be confirmed, modified, or vacated pursuant to A.R.S. Title 12, Chapter 9.

8.4 No Jury Trial. The Parties acknowledge that family-law matters in Arizona are tried to the court without a jury, and each Party knowingly waives any right to a jury trial to the extent one might otherwise exist.

8.5 Equitable Relief. Nothing in this Section limits either Party’s right to seek specific performance or injunctive relief in the chosen forum.

9. GENERAL PROVISIONS

9.1 Amendment & Revocation. Pursuant to A.R.S. § 25-204, this Agreement may be amended or revoked only by a written agreement signed by both Parties and acknowledged before a notary public.

9.2 Assignment; Delegation. Neither Party may assign or delegate any rights or obligations under this Agreement without the prior written consent of the other Party, except as expressly permitted herein.

9.3 Successors & Assigns. This Agreement shall be binding upon, and inure to the benefit of, the Parties and their respective heirs, legal representatives, successors, and permitted assigns.

9.4 Severability & Reformation. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force, and the court shall reform the invalid provision to best effectuate the Parties’ intent and the balance of the Agreement.

9.5 Integration. This Agreement, including the Exhibits and Schedules hereto, constitutes the entire understanding of the Parties with respect to the subject matter and supersedes all prior agreements, whether oral or written.

9.6 Waiver. No waiver of any provision shall be effective unless in writing and signed by the waiving Party. A waiver of any breach shall not constitute a waiver of any subsequent breach.

9.7 Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together constitute one instrument. Signatures transmitted by electronic means (e.g., DocuSign, PDF) shall be deemed original signatures for all purposes.

9.8 Notices. All notices required or permitted under this Agreement shall be in writing and delivered (a) personally, (b) by certified U.S. mail (return receipt requested), (c) by nationally recognized overnight courier, or (d) by electronic mail with confirmation of receipt, in each case addressed to the Party at the address set forth above (or such other address as later designated in writing). Notice is effective upon delivery or attempted delivery refused.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

INDEPENDENT COUNSEL ACKNOWLEDGMENT

I, _________, attorney for Party A, hereby certify that I have advised Party A with respect to this Agreement, explained his or her rights and obligations, and that Party A executed the Agreement voluntarily.

Signature: ___ Date: ______

I, _________, attorney for Party B, hereby certify that I have advised Party B with respect to this Agreement, explained his or her rights and obligations, and that Party B executed the Agreement voluntarily.

Signature: ___ Date: ______

[// GUIDANCE: Independent counsel acknowledgment is not mandated by statute but is a best-practice fairness safeguard.]

NOTARY ACKNOWLEDGMENT

State of Arizona )
County of ____ )

The foregoing instrument was acknowledged before me on _, 20 by [PARTY A NAME] and [PARTY B NAME].

Notary Public: ____
My Commission Expires: __

[Repeat acknowledgment block as necessary under local notarization practice.]

11. EXHIBITS & SCHEDULES

• Schedule A – Financial Disclosure Statements of Party A and Party B
• Exhibit 1 – Form of Amendment and Revocation Agreement (optional)
• Exhibit 2 – Allocation of Joint Debts (if any)

[// GUIDANCE: Attach each Party’s signed, dated, and itemized Financial Statement. This is critical for enforceability under A.R.S. § 25-205(A)(2).]

END OF DOCUMENT