A.R.S. tit. 25 ch. 2 — Arizona Revised Statutes Title 25 Chapter 2 — Husband And Wife, Property And Contract Rights

25-201. Definitions In this article, unless the context otherwise requires: 1. "Postnuptial agreement" means an agreement entered into during marriage to divide or delineate one or both spouses' property interests. 2. "Premarital agreement" means an agreement between prospective spouses that is made in contemplation of marriage and that is effective on marriage. 3. "Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings. 25-202. Enforcement of premarital agreements; exception A. A premarital agreement must be in writing and signed by both parties. The agreement is enforceable without consideration. B. The agreement becomes effective on marriage of the parties. C. The agreement is not enforceable if the person against whom enforcement is sought proves either of the following: 1. The person did not execute the agreement voluntarily. 2. The agreement was unconscionable when it was executed and before execution of the agreement that person: (a) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party. (b) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided. (c) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party. D. If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility. E. An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law. F. If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result. 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 spouses' 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. 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. 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. 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. 25-211. Property acquired during marriage as community property; exceptions; effect of service of a petition A. All property acquired by either husband or wife during the marriage is the community property of the husband and wife except for property that is: 1. Acquired by gift, devise or descent. 2. Acquired after service of a petition for dissolution of marriage, legal separation or annulment if the petition results in a decree of dissolution of marriage, legal separation or annulment. B. Notwithstanding subsection A, paragraph 2, service of a petition for dissolution of marriage, legal separation or annulment does not: 1. Alter the status of preexisting community property. 2. Change the status of community property used to acquire new property or the status of that new property as community property. 3. Alter the duties and rights of either spouse with respect to the management of community property except as prescribed pursuant to section 25-315, subsection A, paragraph 1, subdivision (a). 25-213. Separate property A. A spouse's real and personal property that is owned by that spouse before marriage and that is acquired by that spouse during the marriage by gift, devise or descent, and the increase, rents, issues and profits of that property, is the separate property of that spouse. B. Property that is acquired by a spouse after service of a petition for dissolution of marriage, legal separation or annulment is also the separate property of that spouse if the petition results in a decree of dissolution of marriage, legal separation or annulment. C. Notwithstanding subsection B of this section and section 25-214, subsection C, a mortgage or deed of trust executed by a spouse who acquires the real property encumbered by that mortgage or deed of trust after service of a petition for dissolution of marriage, legal separation or annulment shall be enforceable against the real property if the petition does not result in a decree of dissolution of marriage, legal separation or annulment. D. A contribution to an irrevocable trust that has or will have as its principal asset life insurance on the person making the contribution is a contribution of the insured's separate property if the spouse of the insured is the primary beneficiary of the trust. 25-214. Management and control A. Each spouse has the sole management, control and disposition rights of each spouse's separate property. B. The spouses have equal management, control and disposition rights over their community property and have equal power to bind the community. C. Either spouse separately may acquire, manage, control or dispose of community property or bind the community, except that joinder of both spouses is required in any of the following cases: 1. Any transaction for the acquisition, disposition or encumbrance of an interest in real property other than an unpatented mining claim or a lease of less than one year. 2. Any transaction of guaranty, indemnity or suretyship. 3. To bind the community, irrespective of any person's intent with respect to that binder, after service of a petition for dissolution of marriage, legal separation or annulment if the petition results in a decree of dissolution of marriage, legal separation or annulment. 25-215. Liability of community property and separate property for community and separate debts A. The separate property of a spouse shall not be liable for the separate debts or obligations of the other spouse, absent agreement of the property owner to the contrary. B. The community property is liable for the premarital separate debts or other liabilities of a spouse, incurred after September 1, 1973 but only to the extent of the value of that spouse's contribution to the community property which would have been such spouse's separate property if single. C. The community property is liable for a spouse's debts incurred outside of this state during the marriage which would have been community debts if incurred in this state. D. Except as prohibited in section 25-214, either spouse may contract debts and otherwise act for the benefit of the community. In an action on such a debt or obligation the spouses shall be sued jointly and the debt or obligation shall be satisfied: first, from the community property, and second, from the separate property of the spouse contracting the debt or obligation. 25-217. Ownership of property acquired after moving into state Marital rights in property which is acquired in this state during marriage by persons married without the state who move into the state shall be controlled by the laws of this state. 25-218. Surrogate parentage contracts; prohibition; custody; definition A. No person may enter into, induce, arrange, procure or otherwise assist in the formation of a surrogate parentage contract. B. A surrogate is the legal mother of a child born as a result of a surrogate parentage contract and is entitled to custody of that child. C. If the mother of a child born as a result of a surrogate contract is married, her husband is presumed to be the legal father of the child. This presumption is rebuttable. D. For the purposes of this section, "surrogate parentage contract" means a contract, agreement or arrangement in which a woman agrees to the implantation of an embryo not related to that woman or agrees to conceive a child through natural or artificial insemination and to voluntarily relinquish her parental rights to the child.