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House Engrossed
firearm destruction (now: postnuptial agreements; enforcement) |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HOUSE BILL 2861 |
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AN ACT
AMENDING SECTION 25-201, Arizona Revised Statutes; AMENDING TITLE 25, CHAPTER 2, article 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 25-202.01; amending sections 25-203, 25-204 and 25-205, Arizona Revised Statutes; RELATING TO marital agreements.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 25-201, Arizona Revised Statutes, is amended to read:
25-201. Definitions
In this article, unless the context otherwise requires:
1. "Premarital agreement" means an agreement between prospective spouses that is made in contemplation of marriage and that is effective on marriage.
2. "POSTNUPTIAL AGREEMENT" MEANS AN AGREEMENT ENTERED INTO DURING MARRIAGE TO DIVIDE OR DELINEATE ONE OR BOTH SPOUSE'S PROPERTY INTERESTS.
2. 3. "Property means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.
Sec. 2. Title 25, chapter 2, article 1, Arizona Revised Statutes, is amended by adding section 25-202.01, to read:
25-202.01. Enforcement of postnuptial agreements; exception
A. A POSTNUPTIAL AGREEMENT MUST BE IN WRITING AND SIGNED BY BOTH PARTIES.
B. THE POSTNUPTIAL AGREEMENT BECOMES EFFECTIVE ON EXECUTION BY BOTH PARTIES.
C. THE POSTNUPTIAL AGREEMENT IS NOT ENFORCEABLE IF THE PERSON AGAINST WHOM ENFORCEMENT IS SOUGHT PROVES ONE OR MORE OF THE FOLLOWING:
1. THE POSTNUPTIAL AGREEMENT IS NOT FREE FROM ANY TAINT OF FRAUD, COERCION OR UNDUE INFLUENCE.
2. THE PERSON DID NOT ACT WITH FULL KNOWLEDGE OF THE PROPERTY INVOLVED AND the PERSON’S RIGHTS in the POSTNUPTIAL agreement.
3. THE POSTNUPTIAL AGREEMENT IS NOT FAIR AND EQUITABLE.
4. THE POSTNUPTIAL AGREEMENT DOES NOT REFLECT A MUTUAL INTENT TO DIVIDE OR DELINEATE ONE OR BOTH SPOUSE'S PROPERTY INTERESTS.
D. THE BURDEN IS ON THE PARTY SEEKING TO CHALLENGE THE POSTNUPTIAL AGREEMENT TO PROVE BY CLEAR AND CONVINCING EVIDENCE THAT THE POSTNUPTIAL AGREEMENT IS NOT ENFORCEABLE.
Sec. 3. Section 25-203, Arizona Revised Statutes, is amended to read:
25-203. Scope of agreement
A. Parties to a premarital or postnuptial agreement may contract with respect to:
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 support.
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.
B. The right of a child to support may not be adversely affected by a premarital or postnuptial agreement.
Sec. 4. Section 25-204, Arizona Revised Statutes, is amended to read:
25-204. Amendment or revocation of agreement
After marriage, a premarital or postnuptial agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.
Sec. 5. Section 25-205, Arizona Revised Statutes, is amended to read:
25-205. Limitation of actions
A statute of limitations applicable to an action asserting a claim for relief under a premarital or postnuptial agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.