Yes. Arizona has adopted the Uniform Premarital Agreement Act, so a written, voluntary, and fairly disclosed agreement is enforceable. It matters here more than in many states, because Arizona is a community property state: without an agreement, most of what either spouse earns during the marriage is presumed jointly owned. Neptune is the lawyer-led online prenup service: both partners get their own Arizona-licensed lawyer for one flat fee.
$5,000 flat fee per couple. Two independent attorneys included.
The Arizona default
This is the fact that shapes everything else on this page. Understanding the default is the first step to understanding what a prenup changes.
Property that either spouse earns or acquires during the marriage is generally presumed to be community property, owned equally, regardless of whose name is on the paycheck, the account, or the title. Debt taken on during the marriage is generally treated the same way. Separate funds that get mixed into joint accounts can lose their separate character.
A prenup is how a couple can define what stays separate and how income, businesses, and debt are treated, changing the community property default by agreement. It is the main tool Arizona gives couples to decide these questions for themselves rather than relying on the presumption. Your attorney can review how this applies where you live.
How it is enforced
Arizona’s version of the Uniform Premarital Agreement Act, starting at Section 25-201 of the Arizona Revised Statutes, sets out what makes an agreement hold up. The person challenging the agreement carries the burden.
The agreement must be in writing and signed by both parties. It takes effect when the couple marries and does not require separate payment or consideration to be valid.
A party resisting the agreement can challenge it by showing they did not sign voluntarily. Coercion or last-minute pressure goes to this point, which is why timing and independent advice matter.
An agreement can also be challenged if it was unconscionable when signed and, before signing, the person was not given fair disclosure, did not waive further disclosure in writing, and could not reasonably have known the other’s finances. Full disclosure defeats this challenge.
Within the limits Arizona law sets, couples have broad room to decide their own terms.
A prenup cannot set child support or custody in advance, and a spousal maintenance waiver will not be enforced to the extent it would leave a spouse eligible for public assistance. Your attorney can explain how these limits apply.
New in 2023
Arizona adopted statewide guidelines that took effect in 2023 and have since been updated, giving courts a formula-based approach to the amount and duration of spousal maintenance, with the result depending on factors like the length of the marriage. A prenup lets a couple set their own approach to support in advance rather than leaving it to how the guidelines would apply later.
Not the same as a prenup
Arizona buyers sometimes sign a disclaimer deed, often at a lender’s request, so one spouse disclaims an interest in a single property. That is useful for that one asset, but it is narrow. A prenup is comprehensive: it can address current and future property, income, businesses, and debt across the whole marriage, not just one house.
Both partners should have independent representation, so the honest comparison is per couple, with two attorneys. Here is how the traditional route compares with Neptune.
Traditional firms
Two hourly bills
per couple
Each partner retains and pays a separate attorney
Hourly billing makes the total hard to predict
Phoenix and Scottsdale rates sit at the higher end
Neptune
$5,000
flat fee, both attorneys included
Two independent Arizona-licensed attorneys, one per partner
No hourly billing. No payment to start.
Rush pricing applies when the wedding is within 45 days.
Arizona’s statute rewards a voluntary, fully disclosed agreement, so every step centers on disclosure and separate counsel for each partner.
Answer questions about your finances, goals, and concerns. Neptune connects each partner with a separate Arizona-licensed attorney who understands the state’s community property rules and the Uniform Premarital Agreement Act.
Your drafting attorney prepares the agreement while guiding you through the fair financial disclosure that supports enforceability under Arizona’s statute. Your partner’s reviewing attorney represents them independently.
Both attorneys negotiate terms and confirm the agreement is in writing and signed by both parties. Independent counsel on each side supports the voluntary, informed signing the statute looks for.
Turnaround is typically around 3 to 4 weeks when both partners use Neptune attorneys.
The information on this page was last updated in July 2026. Neptune is not a law firm and does not provide legal advice. The content on our website related to legal matters ("Legal Information") is provided for your private use and general informational purposes only. We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of forms, or apply the law to the facts of your situation. If you need legal advice for a specific problem, you should consult with a licensed attorney. Neither Neptune nor any information provided by Neptune is a substitute for legal advice from a qualified attorney licensed to practice in an appropriate jurisdiction.
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Yes. Arizona has adopted the Uniform Premarital Agreement Act, found in the Arizona Revised Statutes beginning at Section 25-201. A premarital agreement must be in writing and signed by both parties, and it becomes effective when the couple marries. Because Arizona is a community property state, a prenup is the main tool a couple has to change how property would otherwise be treated. Your attorney can explain how the statute applies to your situation.
Under Arizona Revised Statutes Section 25-202, the party trying to avoid the agreement has to prove either that they did not sign it voluntarily, or that it was unconscionable when signed and, before signing, they were not given fair disclosure of the other party’s finances, did not waive further disclosure in writing, and could not reasonably have known those finances. Full and fair disclosure is a strong defense against an unconscionability challenge, and whether an agreement is unconscionable is decided by the court, not a jury. A well-documented agreement with independent counsel on each side is much harder to challenge.
Arizona is one of only nine community property states. Without an agreement, property that either spouse earns or acquires during the marriage is generally presumed to be community property owned equally, regardless of whose name is on the paycheck, account, or title. A prenup is how a couple can define what stays separate and change that default. In an equitable-distribution state a court weighs fairness factors, but in Arizona the starting presumption is joint ownership, which makes an agreement especially relevant. Your attorney can review how this applies where you live.
No. Arizona’s statute requires only that the agreement be in writing and signed by both parties. Notarization and witnesses are not required by law, though keeping clear records of disclosure and independent advice is still a good idea to support the agreement if it is ever questioned. Your attorney can advise on the steps that best support enforceability.
Generally yes, if the agreement was signed voluntarily, followed fair disclosure, and is not unconscionable. There is an important limit: Arizona law does not enforce a spousal support waiver to the extent it would leave a spouse eligible for public assistance at separation or divorce, and a court can order support to avoid that outcome regardless of the agreement. Your attorney can explain how to address maintenance in a way that reflects this rule.
Arizona adopted statewide spousal maintenance guidelines that took effect in 2023 and have since been updated, giving courts a formula-based approach to the amount and duration of maintenance under the state’s statute. The result depends on factors like the length of the marriage. A prenup lets a couple decide their own approach to support in advance instead of relying on how the guidelines would apply later. Your attorney can explain the current framework.
No. A disclaimer deed is a narrower Arizona document, often required by a lender, in which one spouse disclaims an interest in one specific property so it can be treated as the other spouse’s separate property. It covers a single asset. A prenup is comprehensive and covers current and future property and debt across the marriage. The two are different tools, and your attorney can explain when each is used.
Traditional attorney-drafted prenups vary, and when each partner retains a separate attorney, a couple is paying for two lawyers. With hourly billing the total is hard to predict and rises with business interests or multiple properties. Neptune offers a $5,000 flat fee per couple that includes two independent Arizona-licensed attorneys, one for each partner, with no hourly billing and no payment required to start.
When both partners use Neptune attorneys, turnaround is typically around 3 to 4 weeks, including drafting, independent review, disclosure, and negotiation. Signing well before the wedding, rather than under time pressure, supports the voluntary signing Arizona courts look for. Rush pricing applies when the wedding is within 45 days.
Two independent Arizona-licensed attorneys. One flat fee. No payment required to begin.
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