This bill proposes several updates to current statutes regarding postnuptial agreements in Arizona. It introduces a definition for "postnuptial agreement" as an agreement made during marriage to delineate property interests. The bill mandates that such agreements must be in writing and signed by both parties, becoming effective upon execution. It also establishes that a postnuptial agreement is unenforceable if it is proven to be tainted by fraud, coercion, or undue influence, or if one party lacked full knowledge of the property involved and their rights. The burden of proof for challenging the agreement lies with the party seeking to contest it, who must provide clear and convincing evidence.

Additionally, the bill aligns the treatment of postnuptial agreements with that of premarital agreements, allowing for similar contractual provisions and ensuring that child support rights are not adversely affected. It stipulates that amendments or revocations of postnuptial agreements must be made in writing and signed by both parties, and it clarifies that the statute of limitations for claims under these agreements is tolled during the marriage. Overall, the bill aims to enhance the enforceability and clarity of postnuptial agreements while protecting the rights of both parties involved.

Statutes affected:
Introduced Version: 12-945, 13-3105, 13-3108, 13-4402, 13-4444, 13-105, 13-2904, 13-3102, 17-101, 17-240, 12-781, 13-3107, 9-499.04, 13-4405, 13-4433, 13-4408
House Engrossed Version: 25-201, 25-202.01, 25-203, 25-204, 25-205
Chaptered Version: 25-201, 25-202.01, 25-203, 25-204, 25-205