Marital Settlement Agreement (No Children) - New Mexico

MARITAL SETTLEMENT AGREEMENT (NO CHILDREN)

State of New Mexico

Before use: New Mexico Courts direct people filing without a lawyer to use the court's approved divorce forms, including Form 4A-301 for a marital settlement agreement. Each spouse should sign and complete a separate acknowledgment before a notary, consistent with the court form; confirm the filing format before submitting this private agreement.

Table of Contents

1. Parties and Recitals
2. Jurisdictional Facts
3. Community and Separate Property Identification
4. Division of Real Property
5. Division of Personal Property
6. Division of Financial Accounts and Retirement
7. Allocation of Debts and Liabilities
8. Spousal Support / Alimony
9. Insurance Provisions
10. Tax Matters
11. Mutual Releases and Waivers
12. General Provisions
13. Execution and Acknowledgment

1. Parties and Recitals

This Marital Settlement Agreement ("Agreement") is entered into on [__/__/____] by and between:

Petitioner: [________________________________] ("Petitioner")
Date of Birth: [__/__/____]
Address: [________________________________]

Respondent: [________________________________] ("Respondent")
Date of Birth: [__/__/____]
Address: [________________________________]

RECITALS:

A. The parties were lawfully married on [__/__/____] in [________________________________] (city/county, state).

B. At least one party resided in New Mexico for the six months immediately before the petition was filed and was domiciled in New Mexico when it was filed, as required by NMSA § 40-4-5. The qualifying party is [PETITIONER / RESPONDENT]; relevant dates and domicile facts are [DETAILS].

C. The parties seek dissolution on the ground of incompatibility under NMSA § 40-4-1(A).

D. There are NO minor children born of or adopted during this marriage, and neither party is currently pregnant.

E. Both parties have made full and complete disclosure of all assets, debts, income, and financial obligations.

F. Both parties enter this Agreement voluntarily, without fraud, duress, or undue influence.

2. Jurisdictional Facts

The parties identify the qualifying residence and domicile facts in Recital B and request that the District Court of [COUNTY] County, New Mexico, enter the decree on the stated ground. Court jurisdiction and venue remain subject to the filed petition and governing law.

3. Community and Separate Property Identification

3.1 Community Property: The parties identify the following as community property and propose the division stated in Sections 4 through 7:
[________________________________]

3.2 Separate Property of Petitioner: The parties confirm that the following is the separate property of Petitioner and shall be confirmed to Petitioner:
[________________________________]

3.3 Separate Property of Respondent: The parties confirm that the following is the separate property of Respondent and shall be confirmed to Respondent:
[________________________________]

4. Division of Real Property

4.1 Marital Residence:
Property Address: [________________________________]
Legal Description: [________________________________]
Current Estimated Value: $[________________________________]
Outstanding Mortgage Balance: $[________________________________]
Equity: $[________________________________]
Character: ☐ Community Property ☐ Separate Property of [________________] ☐ Mixed

☐ The marital residence shall be awarded to [Petitioner / Respondent].
☐ The marital residence shall be listed for sale within [____] days, with net proceeds divided as follows: [________________________________].
☐ The party retaining the residence shall apply for refinancing by [__/__/____]. If the lender approves and the refinancing closes, that party shall use it to discharge the existing joint mortgage. If it does not close by [__/__/____], the parties shall [BACKUP SALE OR OTHER PLAN]. A private allocation does not release either borrower from the lender's claim.
☐ An equalizing payment of $[________] shall be made to the non-retaining spouse within [____] days.

4.2 Additional Real Property:
[________________________________]

5. Division of Personal Property

5.1 Personal property has been divided by mutual agreement. Each party shall retain all personal property currently in their possession unless otherwise specified herein.

5.2 Specific Items Awarded to Petitioner:
[________________________________]

5.3 Specific Items Awarded to Respondent:
[________________________________]

5.4 Motor Vehicles:

6. Division of Financial Accounts and Retirement

6.1 Bank Accounts:

6.2 Retirement / Pension Accounts:

☐ For a retirement plan that requires a qualified domestic relations order, the parties shall submit a separate order covering [PLAN AND COMMUNITY INTEREST] for plan and court review. Identify any account that uses a different transfer procedure: [DETAILS].

6.3 Investment and Brokerage Accounts:
[________________________________]

7. Allocation of Debts and Liabilities

7.1 Each party shall assume and hold harmless the other party from the following debts:

Debts Assumed by Petitioner:

Debts Assumed by Respondent:

7.2 Each party shall indemnify and hold the other harmless from any liability arising from the debts they have assumed.

7.3 Creditor rights. This allocation governs obligations between the parties. It does not by itself change a creditor's rights against either borrower or account holder. List any required creditor or lender consent, release, or refinancing step: [DETAILS / NONE].

8. Spousal Support / Alimony

Select one support outcome and state it expressly in the proposed decree. New Mexico distinguishes rehabilitative, transitional, indefinite-duration, and specified-sum awards under NMSA § 40-4-7(B)(1).

☐ No spousal support. Neither party requests support, and the parties ask the decree to state expressly that no spousal support is awarded.

☐ Rehabilitative support. [PAYOR] shall pay [RECIPIENT] $[________] per [MONTH/OTHER PERIOD] from [DATE] through [DATE] to support the rehabilitation plan attached as Exhibit [____], describing education, training, work experience, or another step toward self-support.

☐ Transitional support. [PAYOR] shall pay [RECIPIENT] $[________] per [MONTH/OTHER PERIOD] from [DATE] through [DATE] to supplement income for that stated limited period.

☐ Support for an indefinite duration. [PAYOR] shall pay [RECIPIENT] $[________] per [MONTH/OTHER PERIOD] beginning [DATE], subject to the decree and applicable law.

☐ Specified-sum support. [PAYOR] shall pay [RECIPIENT] a total of $[________] in [ONE PAYMENT / THE FOLLOWING INSTALLMENTS: DETAILS]. Select the treatment in the proposed decree: ☐ subject only to the recipient's death; ☐ not subject to contingencies, including the recipient's death.

For any selected award, state any agreed event affecting payments, the treatment of unpaid installments, and whether the court is asked to make a rehabilitative or transitional award nonmodifiable as to amount or duration: [DETAILS / NONE]. The decree controls; this Agreement alone does not alter the court's statutory authority.

9. Insurance Provisions

9.1 Health Insurance:
☐ Each party shall be responsible for obtaining and maintaining their own health insurance upon entry of the final decree.
☐ If continued coverage is available and lawful, [Petitioner / Respondent] shall arrange [DESCRIBE COVERAGE AND PAYMENT] for [Petitioner / Respondent] for [____] months after entry of the decree.

9.2 Life Insurance:
☐ Not applicable.
☐ [Petitioner / Respondent] shall maintain a life insurance policy with a minimum death benefit of $[________] naming [Petitioner / Respondent] as beneficiary for the duration of any support obligation.

10. Tax Matters

10.1 Tax Returns for Current Year:
☐ If legally eligible to file jointly for tax year [____], the parties shall cooperate in filing a joint federal and state income tax return and shall allocate any refund or liability between themselves as follows: [________________________________].
☐ Each party shall file separately for the tax year [____].

10.2 Prior Year Obligations: Each party shall be responsible for [____]% of any tax liability, penalties, or interest arising from jointly filed returns for the years [____] through [____].

10.3 Indemnification: Each party shall indemnify and hold the other harmless from any tax liability attributable to the indemnifying party's income or deductions.

11. Mutual Releases and Waivers

11.1 Each party releases the other only from interparty property and debt claims that this Agreement specifically identifies and resolves. This release excludes duties created by this Agreement, the rights reserved in Section 11.2, and [OTHER EXPRESS EXCLUSIONS / NONE].

11.2 This Agreement does not settle either party's rights arising on the other's death before entry of the dissolution decree. Any intended waiver of those rights must be separately identified and reviewed: [SEPARATE DOCUMENT OR NONE].

11.3 Each party shall execute any documents necessary to effectuate the transfers and releases contemplated by this Agreement within [____] days of execution.

12. General Provisions

12.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations and understandings.

12.2 Modification. Any change to a provision incorporated into the decree must follow the applicable court process. Under NMSA § 40-4-7(B)(2), the court may modify an award of rehabilitative, transitional, or indefinite-duration support when circumstances make a change proper; the decree may designate rehabilitative or transitional support nonmodifiable as to amount or duration. Do not treat a specified-sum award as automatically modifiable.

12.3 Undivided Property. Any community property not addressed in this Agreement or the final decree may be the subject of a subsequent petition under NMSA § 40-4-20.

12.4 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico.

12.5 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12.6 Incorporation into Decree. The parties request that this Agreement be incorporated into and made part of the final Decree of Dissolution of Marriage.

12.7 Voluntary Execution. Each party acknowledges they have read this Agreement, understand its terms, and sign it voluntarily.

12.8 Legal Representation.
☐ Petitioner is represented by [________________________________].
☐ Petitioner is self-represented and has been advised to seek independent legal counsel.
☐ Respondent is represented by [________________________________].
☐ Respondent is self-represented and has been advised to seek independent legal counsel.

13. Execution and Acknowledgment

PETITIONER:

Signature: ________________________________
Printed Name: [________________________________]
Date: [__/__/____]

RESPONDENT:

Signature: ________________________________
Printed Name: [________________________________]
Date: [__/__/____]

PETITIONER'S ACKNOWLEDGMENT AND OATH

State of New Mexico County of [________________]

Acknowledged, signed, and sworn to before me on [__/__/____] by [PETITIONER NAME].

Notarial officer signature: ______________________________

Title of office: [________________]

Notary public commission number: [________________]

Commission expiration: [__/__/____]

Official stamp: [AFFIX HERE]

RESPONDENT'S ACKNOWLEDGMENT AND OATH

State of New Mexico County of [________________]

Acknowledged, signed, and sworn to before me on [__/__/____] by [RESPONDENT NAME].

Notarial officer signature: ______________________________

Title of office: [________________]

Notary public commission number: [________________]

Commission expiration: [__/__/____]

Official stamp: [AFFIX HERE]

NEW MEXICO STATE NOTES:

• NMSA § 40-3-8 distinguishes community, separate, and quasi-community property. Classify each asset before assigning it, and record the proposed division and any equalizing payment in this Agreement.
• Separate property includes pre-marriage assets, gifts, inheritances, and property designated as separate by written agreement (NMSA § 40-3-8).
• Section 40-3-8(B) defines community property and presumes that property acquired by a married couple through a written instrument is community property unless it meets a separate-property category; title alone does not settle its character.
• For a marriage lasting at least 20 years before dissolution, § 40-4-7(F) retains court jurisdiction over proceedings involving periodic spousal support unless the decree expressly provides that no support will be awarded.
• The court considers the appropriateness of life insurance to secure support payments (NMSA § 40-4-7).
• Any undivided community property may be addressed by later petition (NMSA § 40-4-20).
• Section 40-4-5 requires six months of New Mexico residence immediately before filing and domicile in the state at filing; it includes specific military provisions.

Sources and References:

• Current New Mexico Statutes, Chapter 40, §§ 40-3-8 and 40-4-1 through 40-4-20
• New Mexico Courts — Divorce Self-Representation