A statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.

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Terms Used In Arizona Laws 25-205

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Premarital agreement: means an agreement between prospective spouses that is made in contemplation of marriage and that is effective on marriage. See Arizona Laws 25-201
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
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