Arizona HB 2861: anatomical gifts; presumption; opt-out

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_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. END_STATUTE

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. END_STATUTE

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. END_STATUTE

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. END_STATUTE

APPROVED BY THE GOVERNOR APRIL 7, 2026.

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