Prenuptial & Postnuptial Agreement Services in Arizona

A prenup is a written agreement, signed before marriage, that sets how a couple's property and support are handled. A postnup does the same thing after the wedding.

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About My Services

As a Certified Legal Document Preparer, I help couples protect their interests and clarify financial arrangements through Arizona-specific prenuptial and postnuptial agreements prepared at your direction. My role is to prepare accurate, Arizona state-specific documents that reflect your wishes — without the high cost of traditional attorney.

What Is a Prenuptial or Postnuptial Agreement in Arizona?

A prenuptial agreement and a postnuptial agreement are the same kind of contract signed at different times. Arizona's statutes call a prenup a "premarital agreement" and define both terms in A.R.S. § 25-201.

Both agreements matter in Arizona because it is a community property state. Without an agreement, most property either spouse acquires during the marriage belongs to both spouses (A.R.S. § 25-211), and property each spouse owned before the marriage stays that spouse's separate property (A.R.S. § 25-213). A prenup or postnup lets a couple set different terms in writing.

Premarital (prenuptial) agreement

An agreement between two people who plan to marry, made in anticipation of the marriage and effective when they marry (A.R.S. § 25-201).

Postnuptial agreement

An agreement made during the marriage that divides or describes one or both spouses' property interests (A.R.S. § 25-201).

Community property

Property acquired by either spouse during the marriage, other than by gift, inheritance or certain other exceptions listed in A.R.S. § 25-211.

Separate property

Property a spouse owned before the marriage or received by gift or inheritance, along with its rents, income and profits (A.R.S. § 25-213).

Why Consider a Prenup or Postnup?

• Clarity & Transparency – Define financial expectations before or during marriage.
• Asset Protection – May help safeguard personal or family-owned property.
• Debt Protection – May help prevent responsibility for a spouse's debts.
• Peace of Mind – May help reduce uncertainty and potential disputes.

Couples commonly use an agreement to keep a family business, a home owned before the wedding, an inheritance or a retirement account separate, or to decide in advance how a future home will be divided.

Prenup vs. Postnup in Arizona: What the Law Requires

Arizona applies different rules to the two agreements. Prenups follow A.R.S. § 25-202. Postnups follow A.R.S. § 25-202.01, which HB 2861 added in 2026.

What Can an Arizona Prenup or Postnup Cover?

Under A.R.S. § 25-203, a prenup or postnup may address:

• Each spouse's rights in property either one owns now or acquires later, wherever it is located.
• The right to buy, sell, use, lease, mortgage or otherwise manage that property.
• How property is divided on separation, divorce, death or another agreed event.
• Changing or eliminating spousal support.
• Making a will, trust or other arrangement to carry out the agreement.
• Who owns the death benefit of a life insurance policy.
• Which state's law governs the agreement.
• Other personal rights and obligations that do not violate public policy or a criminal statute.

Two limits apply. A prenup or postnup cannot reduce a child's right to support (§ 25-203(B)). And if a prenup's spousal support waiver would leave a spouse eligible for public assistance at separation or divorce, a court may require the other spouse to pay enough support to avoid that result (§ 25-202(D)).

What to Have Ready for Your Consultation

Both statutes turn on what each spouse knew about the other's finances when signing. Gathering this information before the consultation keeps the drafting on schedule:

My Process

1. Consultation – We discuss your needs, goals, and state requirements.
2. Document Preparation – I draft your agreement with precision and confidentiality.
3. Review & Finalization – You review, request changes, and finalize for signing.

Pricing

The same pricing applies to prenuptial and postnuptial agreements. Your fee is confirmed at the consultation, before any drafting begins.

Why Work With Me?

• Certified & Experienced in legal document preparation
• Affordable flat-rate pricing
• Confidential, judgment-free service
• Flexible scheduling — in-person or virtual

Melissa Moy has been an Arizona Supreme Court Certified Legal Document Preparer since 2014 (AZCLDP #81440), has worked in Arizona family law and estate planning since 2007, and was appointed in 2023 to the Arizona Supreme Court's Board of Nonlawyer Legal Services Providers. Read more about Melissa and Dynasty Legal Documents, or see what a certified legal document preparer can and cannot do.

Related Arizona Family and Estate Documents

An agreement often works alongside other documents. A prenup or postnup can call for a will or trust to carry out its terms (§ 25-203(A)(5)), which Dynasty prepares through its Arizona revocable living trust and last will and testament services. If a marriage is ending, the agreement becomes part of the divorce case; see Arizona divorce document preparation and how much a divorce costs in Arizona. Spousal support terms connect to the information on our spousal maintenance page.

Prenup and Postnup Preparation Across Arizona

Serving clients across Arizona. Consultations are available in person at the Gilbert and Mesa offices or virtually, so couples anywhere in the state, including Phoenix, Chandler, Scottsdale, Tempe, Queen Creek and San Tan Valley, can have an agreement prepared.

Arizona Supreme Court Certified — CLDP #81830 & #81440.

Arizona Prenup and Postnup Resources

• Definitions: A.R.S. § 25-201 – Definitions
• Prenups: A.R.S. § 25-202 – Enforcement of premarital agreements
• Postnups: A.R.S. § 25-202.01 – Enforcement of postnuptial agreements
• What an agreement can cover: A.R.S. § 25-203 – Content
• 2026 law: HB 2861, Laws 2026, Chapter 26 (Arizona Legislature)

Frequently Asked Questions About Arizona Prenups and Postnups

Can I make a prenup without a lawyer in Arizona?

Yes. Arizona law does not require a lawyer to prepare or review a prenup. A.R.S. § 25-202(A) requires only that the agreement be in writing and signed by both parties. A couple can have a certified legal document preparer prepare the agreement at their direction, and either person can also have their own attorney review it before signing.

Does a prenup have to be notarized in Arizona?

No Arizona statute requires a prenup or postnup to be notarized. Sections 25-202 and 25-202.01 require a written agreement signed by both parties. Many couples sign in front of a notary anyway so the signatures are easy to prove later.

How much does a prenup cost in Arizona?

Dynasty Legal Documents prepares prenups and postnups at flat fees: $650 to $850 for straightforward terms with no complex assets, $850 to $1,200 for multiple assets, debts or custom clauses, and $1,200 to $1,500 for business ownership, multiple properties or detailed financial schedules. The fee is confirmed at the consultation before drafting begins.

How long after marriage can you do a postnuptial agreement?

A postnuptial agreement can be made at any time during the marriage. A.R.S. § 25-201 defines it as an agreement made during marriage that divides or describes one or both spouses' property interests, and under § 25-202.01(B) it takes effect when both spouses have signed it.

How long before the wedding should a prenup be signed?

Arizona law does not set a minimum time. A party challenging a prenup can argue that it was not signed voluntarily (A.R.S. § 25-202(C)), and a last-minute signing is a common basis for that argument, so couples usually start the agreement well before the wedding. Dynasty schedules drafting and review with the wedding date in mind.

Can a prenup decide child support or custody in Arizona?

No prenup or postnup can reduce a child's right to support (A.R.S. § 25-203(B)). Legal decision-making and parenting time are decided by the court based on the child's best interests under A.R.S. § 25-403.

Can my spouse take my house if I bought it before marriage in Arizona?

Property a spouse owned before the marriage is that spouse's separate property under A.R.S. § 25-213. What happens when marital income was used for the mortgage or improvements during the marriage depends on the facts and is a question for an attorney. A prenup or postnup can set the couple's own terms for the home under A.R.S. § 25-203(A).

Can a prenup or postnup be changed after it is signed?

Yes, but only in writing. Under A.R.S. § 25-204, after the marriage a prenup or postnup may be amended or revoked only by a written agreement signed by both spouses, and no consideration is required.