If you’re getting married in Arizona and thinking about a prenuptial agreement, congratulations—you’re already ahead of the curve. Prenups are a great way to not only protect your finances but also get on the same page with your future spouse and walk into the marriage with eyes wide open. But where do you start? Well, Arizona has its own unique laws and nuances when it comes to prenups. So, before you sign on the dotted line, here are the top five things you should know about getting a prenuptial agreement in the Grand Canyon State.
1. Arizona is a community property state
First and foremost, it’s important to understand what happens in an Arizona divorce if you don’t have a prenup. Arizona is a community property state, which means that most assets (and debts) acquired during the marriage are split 50/50. This is true even if one person earned significantly more than the other or if the property is only in one spouse’s name.
For example, if you purchase a home after the wedding day and it’s titled in just one spouse’s name, and was also purchased 100% by that spouse, it’s still considered community property, and split 50-50 in most cases. The same goes for income, retirement savings, businesses started during the marriage, and other assets acquired by either spouse.
The good news? A prenuptial agreement gives you the power to override Arizona’s default divorce property division rules. You and your future spouse can decide ahead of time how you want property and debt to be handled, and not leave it up to the state laws.
2. You Must Follow the Legal Requirements in Arizona for a Prenup
Arizona follows the Uniform Premarital Agreement Act (UPAA), which sets the rules for making a valid and enforceable prenup. Under Arizona law (A.R.S. § 25-201 et. seq.), a prenuptial agreement must meet the following basic requirements:
- It must be in writing. Verbal agreements are not enforceable.
- It must be signed by both parties.
- It must be entered into voluntarily. This means no coercion, threats, or last-minute pressure (like presenting the prenup minutes before walking down the aisle).
- It must not be unconscionable. If a court finds the agreement to be extremely unfair to one party, it may be invalidated.
- Lawyers are not required, but they can help increase the odds of enforceability by showing that each party understood what they were signing.
If your prenup doesn’t meet the above Arizona requirements, it could be thrown out by a judge if ever challenged. So it’s worth taking the time to do it right and following the laws laid out by the state.
3. The importance of financial disclosure
Financial disclosure is the process of sharing the full values of each party’s assets, debt, and income with one another before signing a prenup. This allows each person to understand what they’re truly agreeing to and waiving in the agreement. Financial disclosure includes:
- Assets (real estate, savings, investments, etc.)
- Debts (student loans, credit cards, mortgages, etc.)
- Income (earned and unearned)
- Business interests
- Future inheritance expectations (if applicable)
Arizona courts can invalidate a prenuptial agreement if one party was misled or left in the dark about the other’s finances. For example, imagine a world where one partner has hundreds of thousands in debt and doesn’t disclose that information. It could be a pertinent aspect of the terms of the agreement and the other party cannot make an informed decision about debt without this piece of information.
4. Prenups in Arizona don’t have to be notarized (But it’s a good idea to do anyway)
Technically, Arizona law does not require a prenup to be notarized or witnessed. As long as it’s in writing and signed by both parties, it meets the basic formality requirements under A.R.S. § 25-202.
However, notarizing your prenuptial agreement can still be beneficial to you. Getting your agreement notarized provides the court with proof that the signatures are authentic, can help deter claims of forgery or fraud, and can add additional evidence that the agreement was entered into voluntarily.
Plus, notarization is a quick, generally affordable way to strengthen the enforceability of your agreement. Think of it as an extra layer of legal armor.
5. Prenups can make your marriage stronger
Prenups can actually strengthen your marriage. We all know money is one of the top causes of marital stress and conflict. Going through the prenup process allows you (and forces you) to have open, sometimes tough conversations about your finances, values, and expectations—before they become problems. Going through the prenup process also encourages alignment on long-term goals, like retirement, building a family, managing debt, etc.
Couples who proactively plan together through the prenup process have reported feeling closer together. It’s not about planning for the end—it’s about having tough (but necessary) conversations beforehand.
Final thoughts on Arizona prenups
The takeaway is that prenups do so much more than just protect financial interests. They also provide peace of mind and align spouses to be stronger than ever. And it’s also important to understand what happens without a prenup—Arizona’s community property laws will apply if you don’t make your own plan. And remember—there’s no “one-size-fits-all” agreement. A prenup should reflect your unique relationship, your goals, and your values. It’s a personal contract that sets the tone for how you’ll handle money as a team.
