firearm destruction

Plain English Breakdown

Checked against official source text during the last sync.

Postnuptial Agreements; Enforcement

This law outlines the requirements for postnuptial agreements and how they can be enforced in Arizona.

What This Bill Does

• Defines a postnuptial agreement as an agreement made during marriage to divide or define property interests.
• Requires that postnuptial agreements must be written and signed by both spouses.
• Specifies when the agreement becomes effective, which is upon signing by both parties.
• Lists conditions under which a postnuptial agreement may not be enforced, such as if there was fraud, coercion, or lack of full knowledge about property involved.
• Allows couples to include terms in their postnuptial agreements similar to those allowed in premarital agreements.
• Prohibits child support rights from being affected by the agreement.

Who It Names or Affects

• Married individuals who want to create a postnuptial agreement.
• Courts that will enforce or challenge these agreements.

Terms To Know

Postnuptial Agreement

An agreement made during marriage about property division and other matters.

Premarital Agreement

An agreement made before marriage that becomes effective upon marriage.

Limits and Unknowns

• The bill does not specify the exact conditions under which a postnuptial agreement can be amended or revoked.
• It is unclear how this law will affect existing postnuptial agreements made prior to its enactment.

Official Summary Text

HB2861 - 572R - Senate Fact Sheet

Assigned to
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COMMITTEE

ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

FACT SHEET FOR
H.B. 2861

postnuptial
agreements; enforcement

Purpose

Outlines requirements relating to the enforceability of postnuptial
agreements.

Background

A
premarital agreement
is an agreement between prospective spouses
that is made in contemplation of marriage and that becomes effective on
marriage. A premarital agreement must be in writing and signed by both parties
and is enforceable without consideration, unless the person against whom
enforcement is sought proves that the person did not execute the agreement
voluntarily or the agreement was unconscionable when it was executed and before
execution that person: 1) was not provided a fair and reasonable disclosure of
the property or financial obligations of the other party; 2) 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
period; and 3) did not have, or reasonably could not have had, an adequate
knowledge of the property or financial obligations of the other party (A.R.S. ��

25-201

and
25-202
).

The parties to a premarital agreement may contract with respect to the:
1) rights and obligations of each of the parties in any of the property of
either or both parties, whenever and wherever acquired or located; 2) right to
manage and control property as prescribed, including the right to buy, sell,
lease, transfer and mortgage property; 3) disposition of property on
separation, marital dissolution, death or the occurrence or nonoccurrence of
any other event; 4) modification or elimination of spousal support; 5) making
of a will, trust or other arrangement; 6) ownership rights in and disposition
of the death benefit from a life insurance policy; 7) choice of law governing
the construction of the agreement; and 8) any other matter, including the
personal rights and obligations of the parties, not in violation of public
policy or a statute imposing a criminal penalty. After marriage, a premarital
agreement may only be amended or revoked by a written agreement signed by the
parties (A.R.S. ��
25-203

and
22-204
).

There is no anticipated fiscal impact
to the state General Fund associated with this legislation.

Provisions

1.

Requires
a postnuptial agreement to be in writing and signed by both parties.

2.

Specifies
that a postnuptial agreement becomes effective on execution by both parties.

3.

Deems
a postnuptial agreement as unenforceable if the person against whom enforcement
is sought proves that the:

a)

postnuptial agreement is not free from any fraud, coercion or undue
influence;

b)

person did not act with full knowledge of the property involved and the
person's rights in the postnuptial agreement; or

c)

postnuptial agreement is not fair and equitable and does not reflect a
mutual intent to divide or delineate one or both spouse's property interests.

4.

Specifies that the party who is seeking to challenge the postnuptial
agreement has the burden of proving by clear and convincing evidence that the
postnuptial agreement is unenforceable.

5.

Allows the parties to a postnuptial agreement to contract with respect
to the same conditions as prescribed for premarital agreements.

6.

Prohibits the right to child support from being adversely affected by a
postnuptial agreement.

7.

Allows a postnuptial agreement to be amended or revoked only by a
written agreement signed by the parties.

8.

Specifies that the statute of limitations for an action asserting a
claim for relief under a postnuptial agreement is tolled during the marriage of
the parties.

9.

Defines
postnuptial agreement
as an agreement entered into during
marriage to divide or delineate one or both spouse's property interests.

10.

Makes
conforming changes.

11.

Becomes
effective on the general effective date.

House Action

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Prepared by Senate Research

March 23, 2026

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Current Bill Text

Chapter 0026 - 572R - H Ver of HB2861

House Engrossed

firearm
destruction

(now: postnuptial
agreements; enforcement)

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

CHAPTER 26

HOUSE BILL 2861

AN
ACT

AMENDING SECTION 25-201, Arizona
Revised Statutes; AMENDING TITLE 25, CHAPTER 2, article 1, ARIZONA REVISED
STATUTES, BY ADDING SECTION 25-202.01; amending sections 25-203, 25-204
and 25-205, Arizona Revised Statutes; RELATING TO marital agreements.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 25-201, Arizona Revised
Statutes, is amended to read:

START_STATUTE
25-201.

Definitions

In this article, unless the context otherwise requires:

1. "Premarital agreement" means an
agreement between prospective spouses that is made in contemplation of marriage
and that is effective on marriage.

2. "POSTNUPTIAL AGREEMENT"
MEANS AN AGREEMENT ENTERED INTO DURING MARRIAGE TO DIVIDE OR DELINEATE ONE OR
BOTH SPOUSE'S PROPERTY INTERESTS.

2.

3.
"Property
means an interest, present or future, legal or equitable, vested or contingent,
in real or personal property, including income and earnings.
END_STATUTE

Sec. 2. Title 25, chapter 2, article 1, Arizona
Revised Statutes, is amended by adding section 25-202.01, to read:

START_STATUTE
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 SPOUSE'S 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.

END_STATUTE

Sec. 3. Section 25-203, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 4. Section 25-204, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 5. Section 25-205, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

APPROVED BY THE GOVERNOR APRIL 7, 2026.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 7, 2026.