By Jeremy Duda | Axios
Bill signings heated up this week as Gov. Katie Hobbs more than doubled the amount of the legislation that’s gotten her approval this session.
Hobbs signed bills to:
💍 Establish laws for enforcement of post-divorce agreements for dividing property and other interests.
Rose Law Group family law attorney Kelsey Fischer:
House Bill 2861 clarifies how Arizona courts evaluate and enforce postnuptial agreements, which brings more predictability to an area that was previously unclear.
The key shift in enforcement:
Courts now focus on whether the agreement was entered into voluntarily, with fair disclosure, and with an opportunity to understand the terms. If those elements are met, the agreement is far more likely to be enforced without second-guessing the substance years later.
The spouse challenging the agreement generally bears the burden of showing a defect in its formation by lack of voluntariness, inadequate disclosure, or unconscionability. This reflects a move toward treating postnuptial agreements more like traditional contracts.
