Prenuptial Agreement

Arizona Premarital Agreement

Completion and Review Record

Party A counsel: [________________________________]

Party B counsel: [________________________________]

First complete draft delivered to Party A: [__/__/____]

First complete draft delivered to Party B: [__/__/____]

Party A disclosure delivered: [__/__/____]

Party B disclosure delivered: [__/__/____]

Planned marriage date: [__/__/____]

Signing date: [__/__/____]

☐ Each Party received the final Agreement and every schedule before signing.

☐ Each Party had sufficient time to review, ask questions, negotiate, and obtain separate legal advice.

☐ Each Party supplied a current written disclosure of property, financial obligations, income, and material contingent interests.

☐ Material valuations, tax issues, retirement benefits, business interests, trusts, estate rights, and property outside Arizona were separately reviewed where applicable.

☐ No threat, concealed information, withheld schedule, undisclosed side promise, or wedding deadline is being used to obtain a signature.

Do not sign if a schedule is incomplete, a material fact is disputed, either Party wants more information, or either Party wants more time or advice.

1. Parties, Purpose, and Effective Date

This Premarital Agreement ("Agreement") is signed on [__/__/____] by:

Party A: [FULL LEGAL NAME], residing at [ADDRESS]

Party B: [FULL LEGAL NAME], residing at [ADDRESS]

The Parties contemplate marriage to each other on or about [__/__/____]. They make this written Agreement in contemplation of that marriage and intend Arizona law, including A.R.S. §§ 25-201 through 25-205, to govern its construction.

Under A.R.S. § 25-202(A), the Agreement must be in writing and signed by both Parties and is enforceable without consideration. Under § 25-202(B), it becomes effective upon marriage.

If the contemplated marriage does not occur, this Agreement does not become effective.

2. Financial Disclosure

2.1 Attached Schedules

Party A's financial disclosure is attached as Schedule A. Party B's financial disclosure is attached as Schedule B. Each schedule should identify, with current values or good-faith estimates:

• Real and personal property;
• Cash, investments, digital assets, and financial accounts;
• Business, partnership, trust, and contingent interests;
• Retirement, deferred-compensation, equity-compensation, and insurance interests;
• Income and material expected income;
• Mortgages, taxes, loans, guarantees, support obligations, litigation exposure, and other financial obligations; and
• The valuation date, valuation source, and any material uncertainty.

2.2 Disclosure Acknowledgments

Each Party acknowledges that the Party:

☐ Reviewed the other Party's complete schedule and requested supporting information.

☐ Asked all questions the Party considered necessary and received responses before signing.

☐ Identified disputed, estimated, contingent, jointly owned, or difficult-to-value items on the applicable schedule.

☐ Is not relying on an oral promise or financial representation omitted from this Agreement or its schedules.

2.3 No Generic Disclosure Waiver

This template does not include a generic waiver of additional disclosure. Under A.R.S. § 25-202(C)(2), the statutory unconscionability route considers the combined disclosure, express written waiver, and actual-or-reasonably-available knowledge conditions.

Any proposed waiver should be separately drafted after independent counsel identifies the disclosure already provided, the additional disclosure requested, and the information knowingly waived. It should not replace usable schedules and supporting information.

2.4 Changes Before Marriage

Each Party will promptly disclose a material financial change occurring before marriage in a dated written supplement delivered with enough time for review. Incorporated supplements are:

[LIST SUPPLEMENTS / NONE]

3. Property Classification Between the Parties

A.R.S. § 25-203(A)(1)-(3) permits premarital-agreement provisions addressing rights and obligations in property, management and control, and disposition upon separation, marital dissolution, death, or another stated event.

The classifications below allocate rights between the Parties. They do not by themselves bind creditors, taxing authorities, retirement plans, insurers, business entities, trustees, title holders, or other third parties.

3.1 Party A Agreement Separate Property

Property identified for Party A in Schedule A, together with the following traceable proceeds, replacements, and agreed categories, will be treated between the Parties as Party A's separate property under this Agreement:

[________________________________]

3.2 Party B Agreement Separate Property

Property identified for Party B in Schedule B, together with the following traceable proceeds, replacements, and agreed categories, will be treated between the Parties as Party B's separate property under this Agreement:

[________________________________]

3.3 Shared Property

The following property, accounts, acquisitions, contributions, or categories will be treated as shared property between the Parties:

[________________________________]

3.4 Earnings, Income, and Appreciation

Complete each material category.

3.5 Title, Commingling, Contributions, and Reclassification

Effect of joint title: [________________________________]

Effect of commingling while an asset remains traceable: [________________________________]

Effect of shared funds or labor applied to property classified for one Party: [________________________________]

Method for later reclassification: [________________________________]

The Parties will document any intended gift, loan, contribution, reimbursement right, or reclassification involving a material asset.

4. Management, Transfers, and Records

A.R.S. § 25-203(A)(2) permits provisions concerning management and control of property.

Party A's authority over Party A Agreement Separate Property: [________________________________]

Party B's authority over Party B Agreement Separate Property: [________________________________]

Approval required for shared-property transactions: [________________________________]

Accounts and titles to be maintained: [________________________________]

Periodic records or statements: [________________________________]

Treatment of loans, gifts, and transfers between the Parties: [________________________________]

The Parties will complete every separate deed, beneficiary designation, plan consent, trust amendment, entity approval, tax filing, or other instrument identified in Schedule D.

5. Financial Obligations and Tax Matters

5.1 Existing Obligations

Each Party's existing mortgages, loans, taxes, guarantees, support obligations, and contingent liabilities must appear in Schedule A or B.

5.2 Obligations During Marriage

Individually incurred obligations: [________________________________]

Household obligations: [________________________________]

Jointly signed obligations: [________________________________]

Business obligations and guarantees: [________________________________]

This allocation operates between the Parties. It does not release a Party from a creditor's claim, create a lien, or bind a creditor that is not a party.

5.3 Tax Matters

The Parties will make tax-filing elections when returns are prepared with current tax advice. This Agreement does not determine a taxing authority's treatment.

Allocation of tax liabilities, refunds, estimated payments, audits, and professional fees: [________________________________]

6. Spousal Support

A.R.S. § 25-203(A)(4) permits modification or elimination of spousal support. Select one option after separate review:

☐ Rights reserved. This Agreement does not modify or eliminate either Party's right to seek spousal support under law applicable when relief is requested.

☐ Mutual waiver. Each Party waives spousal support from the other, subject to A.R.S. § 25-202 and a court's determination of validity and enforceability.

☐ Custom provision. Spousal support is modified as stated in Schedule C, including the amount or formula, duration, termination events, assumptions, and any security, subject to A.R.S. § 25-202.

Under § 25-202(D), if a support modification or elimination causes a Party to be eligible for support under a public-assistance program at separation or marital dissolution, a court may require the other Party to provide support to the extent necessary to avoid that eligibility.

7. Death, Estate, and Insurance Provisions

A.R.S. § 25-203(A)(3), (5), and (6) permits provisions concerning property disposition at death, arrangements such as a will or trust to carry out the Agreement, and ownership or disposition of life-insurance death benefits.

Select only provisions reviewed with estate-planning counsel:

☐ No death-related waiver or obligation is made in this Agreement.

☐ Party A makes the specific provision stated in Schedule E: [________________________________]

☐ Party B makes the specific provision stated in Schedule E: [________________________________]

☐ Will, trust, or transfer-on-death obligation: [________________________________]

☐ Life-insurance ownership or beneficiary obligation: [________________________________]

☐ Residence, occupancy, purchase-option, or buyout provision: [________________________________]

Separate instruments, beneficiary or plan consents, disclosures, and funding required: [________________________________]

This Agreement does not itself change a beneficiary designation, retirement-plan election, deed, transfer-on-death registration, will, or trust.

8. Children and Family Matters

Under A.R.S. § 25-203(B), a premarital agreement may not adversely affect a child's right to support. Accordingly:

• This Agreement does not determine or limit child support;
• This Agreement does not predetermine parentage, legal decision-making, parenting time, relocation, or a child's best interests; and
• Any provision interpreted to adversely affect a child's right to support is not intended to be enforced to that extent.

Optional allocation between the Parties of agreed child-related expenses beyond any required support, subject to later review: [________________________________]

9. Voluntariness and Enforcement Record

Each Party states that the Party:

☐ Is signing voluntarily and may decline to sign.

☐ Received and reviewed the final Agreement and all schedules.

☐ Had sufficient time and a meaningful opportunity for separate legal advice.

☐ Understands the selected property, support, death, and dispute provisions.

☐ Has not relied on an undisclosed promise about the marriage, wedding, property, support, inheritance, or enforcement.

☐ Has completed or crossed out every blank affecting the Party's rights.

A.R.S. § 25-202(C) permits a Party opposing enforcement to prove lack of voluntary execution. It also supplies the statutory unconscionability-at-execution and disclosure conditions. Unconscionability is decided by the court as a matter of law under § 25-202(E).

If the marriage is determined void, § 25-202(F) makes an agreement that otherwise would have been a premarital agreement enforceable only to the extent necessary to avoid an inequitable result.

10. Amendment and Revocation

After marriage, A.R.S. § 25-204 permits amendment or revocation only by a written agreement signed by both Parties. The amendment or revocation is enforceable without consideration.

This Agreement may not be amended by an oral statement, informal course of conduct, or unilateral notice. Counsel should prepare any amendment or revocation and update affected estate, title, beneficiary, tax, retirement-plan, trust, and business instruments.

The optional notary acknowledgments below are evidentiary safeguards. Sections 25-202(A) and 25-204 require signed writings but do not state a notarization requirement.

11. Limitation Period and Equitable Defenses

Under A.R.S. § 25-205, a limitation period applicable to a claim for relief under a premarital agreement is tolled during the marriage. The same section preserves equitable defenses limiting the time for enforcement, including laches and estoppel.

12. Interpretation and Dispute Administration

Under A.R.S. § 25-203(A)(7), the Parties select Arizona law to govern construction of this Agreement, subject to mandatory law governing a person, asset, plan, third party, or proceeding.

Notice address for Agreement-related communications: [________________________________]

Good-faith meeting or nonbinding mediation procedure, if desired: [________________________________]

Court and county, subject to jurisdiction and venue law when a proceeding is filed: [________________________________]

No arbitration clause, jury waiver, automatic prevailing-party fee clause, liability cap, bond waiver, cure period, force-majeure clause, or predetermined injunction is included.

If a provision is unenforceable, the Parties request enforcement of remaining provisions only to the extent a court determines that the Agreement and remaining terms may lawfully operate.

13. Complete Agreement and Copies

This Agreement and Schedules A-E state the Parties' complete premarital financial agreement. No recital, schedule, or drafting label overrides Arizona's statutory enforcement standards.

Each Party will receive a complete signed copy, including every schedule and incorporated supplement, promptly after execution.

14. Signatures

Party A

Signature: ______________________________________________

Printed name: [________________________________]

Date: [__/__/____]

Party B

Signature: ______________________________________________

Printed name: [________________________________]

Date: [__/__/____]

Optional Notary Acknowledgment — Party A

State of Arizona

County of [________________________________]

This instrument was acknowledged before me on [__/__/____] by [PARTY A NAME].

Notary signature: ______________________________________________

Printed name: [________________________________]

Commission expires: [__/__/____]

Optional Notary Acknowledgment — Party B

State of Arizona

County of [________________________________]

This instrument was acknowledged before me on [__/__/____] by [PARTY B NAME].

Notary signature: ______________________________________________

Printed name: [________________________________]

Commission expires: [__/__/____]

Schedule A — Party A Financial Disclosure

Annual and other material income: [________________________________]

Contingent interests and obligations: [________________________________]

Party A certifies that Schedule A is complete and accurate to the best of Party A's knowledge as of [__/__/____].

Party A signature: ______________________________________________

Schedule B — Party B Financial Disclosure

Annual and other material income: [________________________________]

Contingent interests and obligations: [________________________________]

Party B certifies that Schedule B is complete and accurate to the best of Party B's knowledge as of [__/__/____].

Party B signature: ______________________________________________

Schedule C — Custom Property and Support Terms

Asset-specific income, appreciation, contribution, and valuation rules:

[________________________________]

Selected spousal-support provision, assumptions, formula, duration, termination events, and security:

[________________________________]

Treatment of household contributions, reimbursements, and major expenditures:

[________________________________]

Party A initials: [____] Party B initials: [____]

Schedule D — Implementation and Recordkeeping

Periodic disclosure or record-exchange process: [________________________________]

Schedule E — Optional Death and Estate Provisions

Complete only with estate-planning counsel. Identify each right reserved, waived, or replaced; the property and value disclosed; the practical consequence; and every separate instrument needed to implement the result.

Party A signature: ______________________________________________ Date: [__/__/____]

Party B signature: ______________________________________________ Date: [__/__/____]

Sources and References

• A.R.S. § 25-201 — Definitions
• A.R.S. § 25-202 — Enforcement of premarital agreements; exception
• A.R.S. § 25-203 — Scope of agreement
• A.R.S. § 25-204 — Amendment or revocation
• A.R.S. § 25-205 — Limitation of actions