Ariz. Rev. Stat. » Title 25

Ariz. Rev. Stat. § 25-202

Enforcement of premarital agreements; exception

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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.

Notes of Decisions
Cited in 19 cases (7 in the last 5 years), 1993–2026 · leading case: In Re Marriage of Pownall
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In Re Marriage of Pownall (2000) arizctapp · cites it 6× “A.R.S. § 25-202(A),(C). Thus, in this case, Wife bears the burden of proving the invalidity of the agreement.”
Buckholtz v. Buckholtz (2019) arizctapp · cites it 2× “"); see also A.R.S. § 25-202(C)(2) (the court looks at the time of execution when determining whether a premarital agreement is unconscionable).”
Alulddin v. Alfartousi (2023) arizctapp · cites it 6× “¶22 Husband contends that the parties did not enter into the Agreement in contemplation of marriage because under Islamic law the Agreement constituted their marriage. The record controverts this contention.”
Schlaefer v. Financial Management Service, Inc. (2000) arizctapp · cites it 4× “¶ 9 Under A.R.S. § 25-202(0, a written and signed premarital agreement is valid unless the party against whom enforcement is sought proves either that the agreement was not voluntarily executed or that it was unconscionable and that a party lacked fair and reasonable disclosure…”
Hrudka v. Hrudka (1995) arizctapp · cites it 2× “See A.R.S. § 25-202(C): The agreement is not enforceable if the person against whom enforcement is sought proves either of the following: 1.”
Dove v. Dove (2009) ga · cites it 2× “States that have adopted this language include the following: Arizona (Ariz.Rev.Stat. § 25-202); Arkansas (Ark.Code Ann.”
Elia v. Pifer (1998) arizctapp · cites it 2× “A.R.S. § 25-202(C)(Supp.1997). ¶47 On its face, the agreement is neither involuntary nor unconscionable.”
Meek v. Meek (2023) arizctapp · cites it 4× “2000); A.R.S. § 25-202(C)(2)). Even so, we disagree with Husband that the superior court’s reliance on Buckholtz was misplaced.”
Dysart v. Dysart (2002) virginislands “See Ariz. Rev. Stat. Ann. § 25-202 (West 1999).”
Victor v. Victor (1993) arizctapp “section 25-202, parties may enter into written premarital agreements that are enforceable without consideration if entered into knowingly and voluntarily and if they are not unconscionable.”
Fadlon v. Cleverly (2026) arizctapp · cites it 17× “A.R.S. § 25-202(C); see Schlaefer v. Fin.”
Williams v. Stapley-Williams (2018) arizctapp · cites it 16× “A.R.S. § 25-202(C). ¶7 Pursuant to the premarital agreement, the parties agreed to retain all property then owned or later acquired as separate property and abrogated community property except as to any salaries earned after marriage.”
Show all 19 citing cases →
— Ariz. Rev. Stat. § 25-202(A) — 4 cases
In Re Marriage of Pownall (2000) arizctapp “A.R.S. § 25-202(A),(C). Thus, in this case, Wife bears the burden of proving the invalidity of the agreement.”
Alulddin v. Alfartousi (2023) arizctapp “¶22 Husband contends that the parties did not enter into the Agreement in contemplation of marriage because under Islamic law the Agreement constituted their marriage. The record controverts this contention.”
Boyle v. Malta (2020) arizctapp
Hameed v. Qandeel (2025) arizctapp
— Ariz. Rev. Stat. § 25-202(B) — 1 case
Lehman v. Fussell (2016) arizctapp
— Ariz. Rev. Stat. § 25-202(C) — 8 cases
In Re Marriage of Pownall (2000) arizctapp “A.R.S. § 25-202(A),(C). Thus, in this case, Wife bears the burden of proving the invalidity of the agreement.”
Hrudka v. Hrudka (1995) arizctapp “See A.R.S. § 25-202(C): The agreement is not enforceable if the person against whom enforcement is sought proves either of the following: 1.”
Elia v. Pifer (1998) arizctapp “A.R.S. § 25-202(C)(Supp.1997). ¶47 On its face, the agreement is neither involuntary nor unconscionable.”
Alulddin v. Alfartousi (2023) arizctapp “¶22 Husband contends that the parties did not enter into the Agreement in contemplation of marriage because under Islamic law the Agreement constituted their marriage. The record controverts this contention.”
Greenboom v. Ran (2025) arizctapp
— Ariz. Rev. Stat. § 25-202(C)(1) — 2 cases
Alulddin v. Alfartousi (2023) arizctapp “¶22 Husband contends that the parties did not enter into the Agreement in contemplation of marriage because under Islamic law the Agreement constituted their marriage. The record controverts this contention.”
Williams v. Stapley-Williams (2018) arizctapp “A.R.S. § 25-202(C). ¶7 Pursuant to the premarital agreement, the parties agreed to retain all property then owned or later acquired as separate property and abrogated community property except as to any salaries earned after marriage.”
— Ariz. Rev. Stat. § 25-202(C)(2) — 3 cases
Buckholtz v. Buckholtz (2019) arizctapp “"); see also A.R.S. § 25-202(C)(2) (the court looks at the time of execution when determining whether a premarital agreement is unconscionable).”
Meek v. Meek (2023) arizctapp “2000); A.R.S. § 25-202(C)(2)). Even so, we disagree with Husband that the superior court’s reliance on Buckholtz was misplaced.”
Williams v. Stapley-Williams (2018) arizctapp “A.R.S. § 25-202(C). ¶7 Pursuant to the premarital agreement, the parties agreed to retain all property then owned or later acquired as separate property and abrogated community property except as to any salaries earned after marriage.”
— Ariz. Rev. Stat. § 25-202(C)(2)(a) — 1 case
Williams v. Stapley-Williams (2018) arizctapp “A.R.S. § 25-202(C). ¶7 Pursuant to the premarital agreement, the parties agreed to retain all property then owned or later acquired as separate property and abrogated community property except as to any salaries earned after marriage.”
— Ariz. Rev. Stat. § 25-202(C)(2)(b) — 2 cases
Williams v. Stapley-Williams (2018) arizctapp “A.R.S. § 25-202(C). ¶7 Pursuant to the premarital agreement, the parties agreed to retain all property then owned or later acquired as separate property and abrogated community property except as to any salaries earned after marriage.”
Fadlon v. Cleverly (2026) arizctapp “A.R.S. § 25-202(C); see Schlaefer v. Fin.”
— Ariz. Rev. Stat. § 25-202(D) — 2 cases
Barnett v. Barnett (2022) arizctapp
Fadlon v. Cleverly (2026) arizctapp “A.R.S. § 25-202(C); see Schlaefer v. Fin.”
— Ariz. Rev. Stat. § 25-202(E) — 2 cases
In Re Marriage of Pownall (2000) arizctapp “A.R.S. § 25-202(A),(C). Thus, in this case, Wife bears the burden of proving the invalidity of the agreement.”
Schlaefer v. Financial Management Service, Inc. (2000) arizctapp “¶ 9 Under A.R.S. § 25-202(0, a written and signed premarital agreement is valid unless the party against whom enforcement is sought proves either that the agreement was not voluntarily executed or that it was unconscionable and that a party lacked fair and reasonable disclosure…”
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