Postnuptial Agreements Enforcement HB2861
Summary
Arizona Governor signed HB2861 into law on April 7, 2026, establishing statutory requirements for the enforceability of postnuptial agreements in the state. The bill passed the House 48-4 and the Senate 29-0-1 after committee reviews by both House and Senate Judiciary committees. Legal practitioners advising clients on marital agreements must ensure compliance with the new statutory framework.
What changed
HB2861 creates a statutory framework governing the enforceability of postnuptial agreements executed after marriage. The law establishes criteria that such agreements must satisfy, including requirements for voluntariness, full financial disclosure, and procedural fairness. The bill was amended during committee review with a strike-everything amendment adopted by the House Judiciary Committee.
Legal professionals advising clients on postnuptial agreements must ensure that all such agreements drafted or executed after the law's effective date comply with the new statutory requirements. Failure to meet these standards may render agreements unenforceable. Practitioners should review existing templates and client intake procedures to incorporate the new standards.
What to do next
- Review all existing postnuptial agreement templates against new statutory requirements
- Update client counseling procedures to ensure full disclosure and voluntary consent documentation
- Monitor for Arizona Supreme Court guidance on enforcement standards under the new law
Archived snapshot
Apr 9, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
ChangeBridge / Arizona / HB2861 Signed by Governor HB2861 House Bill Signed by Governor 2026-04-07
Postnuptial agreements; enforcement
Bill Details
State Arizona
Session Fifty-seventh Legislature - Second Regular Session (2026)
Chamber House
Official Source apps.azleg.gov/BillStatus/BillOverview/84686
LegiScan View on LegiScan
Sponsors
Quang Nguyen (Rep - R)
Action History
2026-04-07 S Governor Signed 2026-04-02 S Transmitted to Governor 2026-04-01 H Transmit to House 2026-04-01 S Senate third reading PASSED voting: (29-0-1-0) 2026-04-01 S Senate Committee of the Whole action: Do Pass 2026-03-31 S Senate minority caucus: Do pass 2026-03-31 S Senate majority caucus: Do pass 2026-03-30 S Senate consent calendar 2026-03-30 S Senate RULES Committee action: Proper For Consideration, voting: (0-0-0-0) 2026-03-25 S Senate JUDE Committee action: Do Pass, voting: (5-2-0-0) 2026-03-17 S Senate read second time 2026-03-16 S Assigned to Senate RULES Committee 2026-03-16 S Assigned to Senate JUDE Committee 2026-03-16 S Introduced in Senate and read first time 2026-03-09 S Transmit to Senate 2026-03-09 H House third reading PASSED voting: (48-4-7-0) 2026-03-05 H House Committee of the Whole action: Do Pass Amended 2026-03-03 H House minority caucus: Do pass 2026-03-03 H House majority caucus: Do pass 2026-03-02 H House Committee of the Whole consent calendar 2026-03-02 H House RULES Committee action: constitutional and in proper form, voting: (6-0-0-2-0-0) 2026-02-18 H House JUD Committee action: do pass amended/strike-everything, voting: (9-0-0-0-0-0) 2026-01-28 H House read second time 2026-01-27 H Assigned to House RULES Committee 2026-01-27 H Assigned to House JUD Committee 2026-01-27 H Introduced in House and read first time
Votes
2026-02-18 House Judiciary Committee Action (DPA/SE) Yea: 9 Nay: 0 2026-03-02 House Rules Committee Action (C&P) Yea: 6 Nay: 0 2026-03-05 House - Committee of the Whole (DPA) Yea: 0 Nay: 0 2026-03-09 House - Third Reading Yea: 48 Nay: 4 2026-03-25 Senate Judiciary and Elections Committee Action (DP) Yea: 5 Nay: 2 2026-03-30 Senate Rules Committee Action (PFC) Yea: 0 Nay: 0 2026-04-01 Senate - Committee of the Whole (DP) Yea: 0 Nay: 0 2026-04-01 Senate - Third Reading Yea: 29 Nay: 0
Committee Referrals
2026-01-27 H Judiciary 2026-01-27 H Rules 2026-03-09 S Judiciary and Elections 2026-03-16 S Rules
Amendments
2026-02-16 HOUSE - Judiciary - Strike Everything 2026-02-19 HOUSE - Judiciary - Strike Everything Adopted 0000-00-00 House COW 03/05 - Amended by JUD - Nguyen
Bill Text Versions
2026-01-15 Introduced 2026-03-05 Engrossed
Subjects
Courts And Civil Proceedings - Title 12 Criminal Code - Title 13 Destruction Of Weapon Or Dangerous Instrument Firearm Destruction Weapons Legislative data powered by LegiScan (CC BY 4.0)
Named provisions
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