An Arizona prenuptial agreement is a contract between two people who plan to marry, and it takes effect when they marry.[1] It lets you decide who owns and manages property and whether spousal support is changed or waived, instead of leaving those questions to Arizona divorce laws.[2]
The agreement must be in writing and signed by both of you.[3] It cannot adversely affect a child's right to support.[2] Download the free form above in PDF, Word, or ODT format.
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Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current Arizona law. If you notice an error or outdated information, please contact us.
An Arizona prenuptial agreement form takes you from your personal details to your signatures in six steps. You enter your details, list and disclose your finances, choose your terms, review the draft, and sign. Plan to finish well before the wedding, because a court can refuse to enforce a prenup against a spouse who proves they did not sign voluntarily.[3] Start with the free prenup template on this page.
Popular Local Prenuptial Agreement Forms
Arizona's rules for prenuptial agreements are in Sections 25-201 through 25-204 of the Arizona Revised Statutes. They define a premarital agreement, set the signing requirements, list what the agreement can cover, and explain when a court will refuse to enforce it. The same sections also control how you change or cancel a prenup after the wedding.
Arizona statutes call this contract a premarital agreement. Prenup and prenuptial agreement are other names for the same document. A postnuptial agreement is different, because spouses sign it after the wedding.
Section 25-201 defines a premarital agreement as an agreement between prospective spouses that is made in contemplation of marriage and that is effective on marriage.[1] The parties must be prospective spouses, so only two people who plan to marry each other can make one.[1]
The same section gives property a broad meaning. It is any interest in real or personal property, including income and earnings.[1] The interest can be present or future, legal or equitable, and vested or contingent.[1]
Arizona sets two formal requirements for premarital agreements.[3]
The statute does not require a notary, witnesses, or a court filing. The agreement is enforceable without consideration, so neither of you has to give money or assets in exchange for the other's signature.[3]
A premarital agreement must be in writing and signed by both parties. The agreement is enforceable without consideration.
Yes. An Arizona prenup that is in writing and signed by both of you is binding, even without consideration. A court can refuse to enforce it if the spouse challenging it proves one of two grounds. Either that spouse did not sign voluntarily, or the agreement was unconscionable and that spouse lacked fair information about the other's finances.[3]
A prenup becomes effective on marriage of the parties.[3] Until the wedding takes place, the agreement has no effect on either person's assets.
A void marriage does not wipe out the agreement completely. If a court finds the marriage void, the agreement is enforceable only to the extent necessary to avoid an inequitable result.[3]
Under Section 25-202, a court will not enforce a prenup if the spouse challenging it proves either of these grounds.[3]
An issue of unconscionability is decided by the court as a matter of law.[3] The spouse challenging the prenup carries the burden of proving the ground.[3]
An Arizona prenup can cover the property of either or both spouses, whenever and wherever it was acquired or located. That includes a house or business one of you owned before the wedding. It can also set what happens to your assets after a divorce or death.[2]
Section 25-203 lets you and your partner contract about these matters.[2]
The right of a child to support may not be adversely affected by a prenup.[2] Waiving spousal support has a limit too. If a waiver would make a spouse eligible for public assistance at separation or divorce, a court can order the other spouse to pay enough support to avoid that.[3]
Prenuptial agreements are not only for wealthy couples. They matter most when one of you brings significant assets or debts into the marriage. Common examples are a business owner, a parent with children from an earlier relationship, and someone who expects an inheritance. Without a prenup, Arizona divorce laws decide how your assets are divided.
No. Arizona's prenuptial agreement statute requires only a written agreement that both of you sign, so neither of you needs an attorney for the prenup to be binding under state law.[3] Still, many couples each hire their own attorney to review the draft. A separate review helps each of you understand the terms and the other spouse's finances before signing.
An attorney can also give you legal advice on whether the terms stay within Section 25-203 and leave a child's right to support untouched.[2]
Yes, but only in writing. After your marriage, a prenup can be amended or revoked only by a written agreement signed by both of you. A spoken promise or a change in how you handle money does not amend it. The amended agreement or the revocation is enforceable without consideration.[4]
A new agreement must still be made before the wedding to count as a prenup, because the statute covers agreements between prospective spouses.[1] Couples who want a new agreement after the wedding usually call it a postnuptial agreement.
Each mistake below breaks a rule in Sections 25-202 through 25-204 of the Arizona Revised Statutes. Depending on the mistake, a term may not hold up, a change may not count, or the whole prenuptial agreement may be unenforceable in a divorce.
Other Prenuptial Agreement Forms by State
Unless noted otherwise, the sections below are from the Ariz. Rev. Stat (www.azleg.gov).