firearm destruction, the official text

House Engrossed

[firearm
destruction]

(now: postnuptial
agreements; enforcement)

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

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_STATUTE25-201. 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.

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

START_STATUTE25-202.01. 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.

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

START_STATUTE25-203. 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.

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

START_STATUTE25-204. 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_STATUTE25-205. 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.