MARITAL SETTLEMENT AGREEMENT

(New Mexico)
[// GUIDANCE: This template is designed for use in New Mexico (“NM”) dissolution matters and reflects current NM community-property, support, and custody standards. Customize bracketed terms and review all provisions for matter-specific suitability before execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Property Division
   3.2 Debt Allocation
   3.3 Spousal Support (Alimony)
   3.4 Child Support
   3.5 Custody & Parenting Plan
   3.6 Tax Matters
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Agreement Title. This Marital Settlement Agreement (the “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”).

1.2 Parties.
(a) [NAME OF PETITIONER], Petitioner, residing at [ADDRESS] (“[INSERT SHORT NAME—e.g., “Wife”]”); and
(b) [NAME OF RESPONDENT], Respondent, residing at [ADDRESS] (“[INSERT SHORT NAME—e.g., “Husband”]”).

1.3 Recitals.
A. The Parties were lawfully married on [MARRIAGE DATE] in [CITY, STATE].
B. A Petition for Dissolution of Marriage is pending in the [NAME OF COUNTY] County District Court, State of New Mexico, Cause No. [CASE NUMBER] (the “Proceeding”).
C. The Parties desire to resolve finally all issues relating to their marriage, including property rights, debts, spousal support, child custody, and child support, and to embody their full agreement in this instrument.
D. The Parties enter into this Agreement for good and valuable consideration, the receipt and sufficiency of which are acknowledged.

1.4 Governing Law. This Agreement shall be governed by and construed in accordance with the domestic-relations laws of the State of New Mexico, including but not limited to N.M. Stat. Ann. §§ 40-3-8, 40-4-9.1, and 40-4-11.1 (collectively, the “Governing Law”).

2. DEFINITIONS

For purposes of this Agreement, capitalized terms have the meanings set forth below. Defined terms appear alphabetically.

“Agreement” has the meaning set forth in Section 1.1.
“Arbitrable Issue” means any dispute expressly designated as subject to arbitration under Section 8.3.
“Best Interests Standard” means the standard articulated in N.M. Stat. Ann. § 40-4-9.1 for determining custody arrangements.
“Child(ren)” means the minor child(ren) of the Parties: [LIST FULL NAMES AND DATES OF BIRTH].
“Child Support Guidelines” means the statutory guidelines codified at N.M. Stat. Ann. § 40-4-11.1, as amended.
“Community Property” means property acquired by either Party during marriage that is not Separate Property, as defined by Governing Law.
“Court” means the [JUDICIAL DISTRICT] District Court, State of New Mexico, Family Court Division, or any successor court exercising jurisdiction over the Proceeding.
“Effective Date” has the meaning set forth in Section 1.1.
“Marital Estate” means all Community Property and Community Debts subject to division under Section 3.1.
“Parenting Plan” means the custody and timesharing provisions set forth in Section 3.5.
“Separate Property” means property that is not Community Property under Governing Law.

[// GUIDANCE: Add additional defined terms as needed for complex estates—e.g., “Qualified Domestic Relations Order (QDRO),” “Restricted Stock Units,” etc.]

3. OPERATIVE PROVISIONS

3.1 Property Division

3.1.1 General Rule. Consistent with N.M. Stat. Ann. § 40-3-8, the Parties acknowledge New Mexico’s community-property regime and agree to an equal division of the net value of the Marital Estate, except as otherwise expressly provided.

3.1.2 Allocation Schedule. The allocation of assets and liabilities is set forth in Schedule A (Community Property) and Schedule B (Separate Property), incorporated by reference.

3.1.3 Transfers & Conveyances.
(a) Real Property. Within [NUMBER] days after the Effective Date, the titled spouse shall execute a Special Warranty Deed conveying his or her interest to the other spouse in accordance with Schedule A.
(b) Personal Property. Possession shall transfer no later than [NUMBER] days after the Effective Date.
(c) Retirement Assets. The Parties shall cooperate in entering one or more QDROs to divide retirement benefits as provided in Schedule A.

3.1.4 Omitted Assets. Any Community Property not disclosed in this Agreement or the Schedules shall be divided equally, or failing agreement, by the Court. The Party in possession of such omitted property shall indemnify the other pursuant to Section 7.2.

3.2 Debt Allocation

3.2.1 Community Debts. Community Debts are allocated in Schedule C. Each Party shall pay the debts allocated to him or her and indemnify the other Party therefrom.
3.2.2 Separate Debts. Each Party shall be solely responsible for Separate Debts incurred before marriage or after separation.

3.3 Spousal Support (Alimony)

3.3.1 Waiver or Award. [SELECT ONE: “Each Party irrevocably waives spousal support” / “[PAYOR] shall pay rehabilitative spousal support to [PAYEE] in the amount of $[AMOUNT] per month for [DURATION] years.”]
3.3.2 Modification. Spousal support is [SELECT ONE: “non-modifiable” / “subject to modification under N.M. Stat. Ann. § 40-4-7 upon a substantial change in circumstances.”].

3.4 Child Support

3.4.1 Guideline Application. Child Support shall be calculated in accordance with the Child Support Guidelines. The Parties acknowledge review of the applicable worksheet (Form 4A-302).
3.4.2 Payment Terms. [PAYOR] shall pay $[AMOUNT] per month per child, commencing the first day of the month following entry of the Final Decree, by direct deposit or wage withholding order.
3.4.3 Medical Support. [PARTY] shall maintain comprehensive health and dental insurance for the Child(ren). Unreimbursed expenses shall be shared [PERCENTAGE] % by [PARENT 1] and [PERCENTAGE] % by [PARENT 2].
3.4.4 Adjustment. Child Support shall be reviewed every [NUMBER] years or upon any material change in circumstances, pursuant to N.M. Stat. Ann. § 40-4-11.4.

3.5 Custody & Parenting Plan

3.5.1 Legal Custody. The Parties agree to Joint Legal Custody consistent with the Best Interests Standard.
3.5.2 Physical Custody / Time-Sharing. The Parenting Plan set forth in Schedule D allocates physical custody, holiday schedules, and transportation responsibilities.
3.5.3 Decision-Making. Major decisions regarding education, healthcare, and religion shall be made jointly; day-to-day decisions rest with the parent in physical possession.
3.5.4 Relocation. A parent intending to relocate more than [NUMBER] miles from [CITY] shall provide [NUMBER] days’ written notice and comply with N.M. Stat. Ann. § 40-4-9.1(E).
3.5.5 Dispute Resolution. Parenting disputes shall first be submitted to mandatory mediation under Local Rule [CITE], unless emergent.

3.6 Tax Matters

(a) Filing Status for [YEAR]: [MARRIED JOINTLY / SEPARATELY].
(b) Child Dependency Exemptions: [ALLOCATE PER CHILD PER TAX YEAR].
(c) Property Transfer Tax. Transfers pursuant to this Agreement qualify for non-recognition treatment under I.R.C. § 1041.

4. REPRESENTATIONS & WARRANTIES

4.1 Capacity. Each Party has full legal capacity and authority to enter into this Agreement.
4.2 Disclosure. Each Party warrants that he or she has made a full and fair disclosure of all assets, liabilities, and income.
4.3 Reliance. The Parties acknowledge reliance on their own counsel and not on any representations by the other Party or third parties except as expressly set forth herein.
4.4 Survival. The representations and warranties in this Section 4 survive the Effective Date and are not merged into the Final Decree.

5. COVENANTS & RESTRICTIONS

5.1 Further Assurances. Each Party shall execute and deliver instruments reasonably necessary to effectuate this Agreement.
5.2 Non-Interference. Neither Party shall interfere with the other’s post-dissolution privacy, employment, or relationships.
5.3 Confidentiality of Financial Information. Except as required by law or Court order, the Parties shall keep confidential the financial disclosures exchanged in the Proceeding.
5.4 Notices. All notices required under this Agreement shall be in writing and delivered to the addresses in Section 1.2, unless updated by written notice, and are deemed given upon personal delivery, certified mail, or email with confirmation. A Party shall have a ten-day cure period after receipt of notice of breach before an Event of Default occurs.

6. DEFAULT & REMEDIES

6.1 Event of Default. An “Event of Default” occurs if a Party fails to perform any material obligation, including without limitation payment of support, conveyance of property, or compliance with the Parenting Plan, after expiration of the applicable cure period.

6.2 Graduated Remedies.
(a) First Default: Written warning and opportunity to cure within ten (10) days.
(b) Second Default: The non-defaulting Party may seek (i) contempt sanctions, (ii) wage garnishment, (iii) transfer of property by special master, or (iv) make-up parenting time.
(c) Third or Subsequent Default: In addition to the foregoing, the non-defaulting Party may petition for attorney’s fees, modification of relevant terms, and such other relief as the Court deems just.

6.3 Attorney Fees & Costs. The prevailing Party in any enforcement action shall be entitled to reasonable attorney’s fees and costs.

7. RISK ALLOCATION

7.1 Limitation of Liability. Except for willful misconduct or fraud, each Party’s monetary liability under this Agreement is capped at the net value of that Party’s allocated share of Community Property (the “Liability Cap”).

7.2 Mutual Indemnification. Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party (“Indemnified Party”) from any loss, claim, or expense (including attorney fees) arising out of (a) debts allocated to the Indemnifying Party, or (b) omitted assets or liabilities undisclosed by the Indemnifying Party.

7.3 Insurance. Each Party shall maintain at least $[AMOUNT] in life insurance naming the other Party as trustee for the benefit of the Child(ren) until all child-support obligations terminate.

7.4 Force Majeure. Performance is excused to the extent rendered impossible or impracticable by an event beyond the reasonable control of the affected Party, provided notice is given within ten (10) days and performance resumes promptly thereafter.

8. DISPUTE RESOLUTION

8.1 Governing Law. New Mexico law governs all disputes.

8.2 Forum Selection. The Parties consent to exclusive jurisdiction of the Court for all family-law matters.

8.3 Arbitration (Limited). Property-related monetary disputes not involving custody or support (“Arbitrable Issues”) shall, at either Party’s election, be submitted to binding arbitration under the New Mexico Uniform Arbitration Act, N.M. Stat. Ann. §§ 44-7A-1 et seq. Custody, parenting, and support issues are not subject to arbitration.

8.4 No Jury Trial. The Parties acknowledge that the Court, not a jury, adjudicates family-law matters.

8.5 Injunctive Relief. Nothing herein limits a Party’s right to seek protective or restraining orders as provided by law.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. No amendment is effective unless in writing signed by both Parties and, where required, approved by the Court. No waiver of a breach constitutes waiver of any other breach.

9.2 Assignment; Successors. Personal rights and obligations under this Agreement are non-assignable, except that obligations bind and benefits inure to the Parties’ heirs, personal representatives, and permitted assigns.

9.3 Severability. If any provision is held invalid, the remaining provisions remain enforceable, and the invalid provision shall be reformed to the minimum extent necessary to carry out the Parties’ intent.

9.4 Integration. This Agreement, including all Schedules, constitutes the entire understanding of the Parties and supersedes all prior agreements, whether oral or written.

9.5 Counterparts & Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original. Electronic signatures have the same force and effect as originals.

9.6 Acknowledgment of Counsel. Each Party acknowledges that he or she has had independent legal counsel or knowingly waived such right.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

STATE OF NEW MEXICO )
COUNTY OF ____ ) ss.

On this ___ day of _, 20_, before me, a Notary Public in and for said State, personally appeared ______, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledged that he/she executed the same for the purposes therein contained.

Notary Public
My Commission Expires: _______

[Repeat Notary Block for second Party if required]

SCHEDULE A – COMMUNITY PROPERTY ALLOCATION

[// GUIDANCE: Itemize real property, vehicles, bank accounts, retirement accounts, business interests, and personal property with fair-market values and recipient spouse.]

SCHEDULE B – SEPARATE PROPERTY CONFIRMATION

[// GUIDANCE: Detail each Party’s confirmed separate assets and debts.]

SCHEDULE C – COMMUNITY DEBT ALLOCATION

[// GUIDANCE: List credit cards, mortgages, auto loans, tax liabilities, etc., with balances and responsible Party.]

SCHEDULE D – PARENTING PLAN

[// GUIDANCE: Provide week-on/week-off or other schedule, holiday rotation, transportation logistics, communication protocols, and dispute-resolution steps.]

[// GUIDANCE: After customization, attach the Schedules, recalculate support worksheets, and submit the executed Agreement to the Court for incorporation into the Final Decree pursuant to Rule 1-052 NMRA.]