Abrogation Clause In a Premarital Agreement In Arizona
In Arizona, spouses may enter into a premarital agreement prospectively abrogating their respective claims on what would ordinarily be community property. See A.R.S. 25- 203 (Supp. 1998); Elia, 194 Ariz. at 83, P 46, 977 P.2d at 805; Spector v. Spector, 23 Ariz. App. 131, 138, 531 P.2d 176, 184 (1975).
Indeed, under the same premarital agreement statute, parties may contract with respect to "the rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired," and to "any other matter, including their personal rights and obligations, not in violation of public policy. . .." A.R.S. 25-203(A)(1), (8).
Nothing in the statute prohibits such parties from agreeing to keep their property and their debts separate during marriage.