A.R.S. 25-126
Application to justice of the peace for marriage and covenant marriage licenses; issuance; violation; classification
A. A justice of the peace whose office is located five miles or more from the county seat of the county in which the office is located may be designated by the clerk of the superior court to receive applications for and issue marriage licenses in that county, including covenant marriage licenses, and to process the conversion of existing marriages to covenant marriages pursuant to section 25-902. The applications for a marriage license shall be made on forms conforming to section 25-121, which shall be provided by the clerk of the superior court.
B. If requested by the justice of the peace designated pursuant to subsection A of this section, the clerk of the superior court shall issue in blank licenses as requested and charge them against the justice of the peace. A justice of the peace who has possession of marriage license forms as provided in this section shall account for these forms as required by the clerk of the superior court.
C. The justice of the peace designated pursuant to subsection A of this section shall report to the clerk the issuance of each license and shall transmit the fee prescribed by section 12-284 at the same time. Intentional failure to transmit the report and fee or the use of the authority granted by this section by the justice of the peace for personal gain is a class 2 misdemeanor.
Explanation: A Justice of the Peace, under certain circumstances, can issue marriage licenses and convert regular marriages to covenenant marriages.
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A.R.S. 25-127
Issuance of marriage license by a city or town; transfer of fees; handling fee
A. If a city or town is more than four miles from the county seat, the clerk of the superior court may allow the clerk of the city or town or the city or town court clerk to issue marriage licenses, including covenant marriage licenses, and to process the conversion of existing marriages to covenant marriages pursuant to section 25-902. The clerk of the superior court may take this action only at the request of the local clerk.
B. The local clerk shall only use marriage license application forms and licenses provided by the clerk of the superior court. The clerk of the superior court shall provide the local clerk with these documents on request.
C. The local clerk shall account for all forms and blank licenses in the local clerk's possession as required by the clerk of the superior court.
D. The local clerk shall collect the fee prescribed under section 12-284 and transmit it to the clerk of the superior court. The local clerk may retain one dollar fifty cents from the fee prescribed under section 12-284.
Explanation: A city/town clerk can have authority to issue marriage licenses and convert to covenant marriages under certain circumstances.
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A.R.S. 25-201
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. "Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.
Explanation: Important definitions for upcoming statutes on this site, and for understanding Community Property.
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A.R.S. 25-202
Enforcement of premarital agreements; exception
A. A premarital agreement must be in writing and signed by both parties. The agreement is enforceable without consideration.
B. The agreement becomes effective on marriage of the parties.
C. The agreement is not enforceable if the person against whom enforcement is sought proves either of the following:
1. The person did not execute the agreement voluntarily.
2. The agreement was unconscionable when it was executed and before execution of the agreement that person:
(a) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party.
(b) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided.
(c) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
D. If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.
E. An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
F. If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
Explanation: Premarital agreements (for example: prenuptial agreement) must be fair to be valid. Both parties must sign the agreement, which is in writing. You do not need to bargain for the agreement. The agreement can be invalidated if a party can prove they were forced into it, it is very unfair, or they were unaware of the extent the other person's property or debts.
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