Arizona Revised Statutes
Ariz. Rev. Stat. § 25-203 (2026)
Scope of agreement
✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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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.
Notes of Decisions
Cited in 11
cases (3 in the last 5 years), 1993–2025 · leading case: In Re Marriage of Pownall, 5 P.3d 911 (Ariz. Ct. App. 2000).
In Re Marriage of Pownall, 5 P.3d 911 (Ariz. Ct. App. 2000). “See A.R.S. § 25-203(A)(1). Written premarital agreements that are signed by both parties are enforceable “without consideration” unless: The person against whom enforcement is sought proves either of the following: 1.”
Schlaefer v. Fin. Mgmt. Serv., Inc., 996 P.2d 745 (Ariz. Ct. App. 2000). “See A.R.S. § 25-203 (Supp.1998); Elia, 194 Ariz.”
Jodi Lynn Erpelding v. Timothy John Erpelding, 917 N.W.2d 235 (Iowa 2018). “2d 1044 , 1048-51 (Alaska 1987) (acknowledging and rejecting historical practice of treating premarital agreements dictating alimony as against public policy); Arizona, Ariz. Rev. Stat. Ann. § 25-203 (A)(4) (Westlaw through 1st Reg.”
In Re Marriage of Pendleton & Fireman, 5 P.3d 839 (Cal. 2000). “) [9] Arizona (Ariz.Rev.Stat. § 25-203); Arkansas (Ark.Code Ann.”
Victor v. Victor, 866 P.2d 899 (Ariz. Ct. App. 1993). “section 25-203(A)(8), the parties to a premarital agreement may contract with respect to “any .”
Oliver v. Comm'r, 101 T.C.M. 1195 (Tax Ct. 2011). “The Olivers were married during the tax years at issue. Mr. Oliver admitted that he received wages, dividends, and unemployment compensation during the years and in the amounts respondent determined.”
Hrudka v. Hrudka, 919 P.2d 179 (Ariz. Ct. App. 1995). “” 6 Section 25-203(A)(8) currently provides that “[p]arties to a premarital agreement may contract with respect to .”
Greenboom v. Ran, No. 1 CA-SA 25-0224 (Ariz. Ct. App. Oct. 23, 2025). “The party against whom a premarital agreement is being enforced bears the burden of proving its 3 unenforceability.”
Lovelady v. Gen. Bus. Recoveries Inc., No. 4:23-cv-00136 (D. Ariz. Mar. 26, 2025). “2000) (“Nothing in [§ 25-203] prohibits such parties from agreeing to keep their property and their debts separate during marriage.”
Barnett v. Barnett, No. 1 CA-CV 21-0714-FC (Ariz. Ct. App. Aug. 18, 2022). “The person against whom enforcement is sought must prove involuntariness. Id. ¶11 In finding the agreement involuntary, the superior court summarized Wife’s testimony as follows: When Wife signed the agreement, she had recently arrived in the United States and did not understand…”
Jodi Lynn Erpelding v. Timothy John Erpelding, 911 N.W.2d 397 (Iowa 2018). “Brooks, , 1048-51 (Alaska 1987) (acknowledging and rejecting historical practice of treating premarital agreements dictating alimony as against public policy); Arizona, Ariz. Rev. Stat. Ann. § 25-203 (A)(4) (Westlaw through 1st Reg.”
Ariz. Rev. Stat. § 25-203(A)(1): 2 cases
In Re Marriage of Pownall, 5 P.3d 911 (Ariz. Ct. App. 2000). “See A.R.S. § 25-203(A)(1). Written premarital agreements that are signed by both parties are enforceable “without consideration” unless: The person against whom enforcement is sought proves either of the following: 1.”
Lovelady v. Gen. Bus. Recoveries Inc., No. 4:23-cv-00136 (D. Ariz. Mar. 26, 2025). “2000) (“Nothing in [§ 25-203] prohibits such parties from agreeing to keep their property and their debts separate during marriage.”
Ariz. Rev. Stat. § 25-203(A)(4): 2 cases
Barnett v. Barnett, No. 1 CA-CV 21-0714-FC (Ariz. Ct. App. Aug. 18, 2022). “The person against whom enforcement is sought must prove involuntariness. Id. ¶11 In finding the agreement involuntary, the superior court summarized Wife’s testimony as follows: When Wife signed the agreement, she had recently arrived in the United States and did not understand…”
Greenboom v. Ran, No. 1 CA-SA 25-0224 (Ariz. Ct. App. Oct. 23, 2025). “The party against whom a premarital agreement is being enforced bears the burden of proving its 3 unenforceability.”
Ariz. Rev. Stat. § 25-203(A)(8): 3 cases
Victor v. Victor, 866 P.2d 899 (Ariz. Ct. App. 1993). “section 25-203(A)(8), the parties to a premarital agreement may contract with respect to “any .”
Hrudka v. Hrudka, 919 P.2d 179 (Ariz. Ct. App. 1995). “” 6 Section 25-203(A)(8) currently provides that “[p]arties to a premarital agreement may contract with respect to .”
Greenboom v. Ran, No. 1 CA-SA 25-0224 (Ariz. Ct. App. Oct. 23, 2025). “The party against whom a premarital agreement is being enforced bears the burden of proving its 3 unenforceability.”
Ariz. Rev. Stat. § 25-203(A)(l): 1 case
Schlaefer v. Fin. Mgmt. Serv., Inc., 996 P.2d 745 (Ariz. Ct. App. 2000). “See A.R.S. § 25-203 (Supp.1998); Elia, 194 Ariz.”
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