Written and Signed, Every Time
The rule for modifying or revoking a prenuptial agreement is simple and strict. After the marriage, any changes must be in writing and signed by both parties. A handshake deal, a verbal promise, or even years of behaving as though the agreement no longer applies will not satisfy the statute.
After marriage, a premarital 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.
A.R.S. § 25-204Like the original agreement, no consideration is needed. That means neither spouse has to give something of value in exchange for agreeing to the change. Both simply need to agree and put it in writing.
Why This Matters for Long-Term Planning
Premarital agreements are often signed years or even decades before they become relevant. Life changes. Financial circumstances shift. Children are born. Businesses grow or close. This statute ensures the process for updating stays clear and enforceable under family law.
A couple who wants to remove a prenuptial agreement entirely can do so, as long as they document the revocation in writing with both signatures. For couples who later create a comprehensive estate plan with a living trust, updating or revoking an older premarital agreement may be an important step to ensure everything works together.