PREMARITAL AGREEMENT

(New Mexico – Uniform Premarital Agreement Act, N.M. Stat. Ann. §§ 40-3A-1 – 40-3A-10)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Classification of Property
   3.2 Management & Control of Separate Property
   3.3 Debts & Liabilities
   3.4 Spousal Support
   3.5 Estate Rights & Death Benefits
   3.6 Tax Matters
   3.7 Insurance
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Schedules

1. DOCUMENT HEADER

Premarital Agreement (this “Agreement”) made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

• [PARTY A LEGAL NAME], residing at [ADDRESS] (“Party A”); and
• [PARTY B LEGAL NAME], residing at [ADDRESS] (“Party B,” and together with Party A, the “Parties,” and each, a “Party”).

Recitals

A. The Parties contemplate legal marriage in the State of New Mexico on or about [MARRIAGE DATE].
B. The Parties desire to establish their respective rights and responsibilities regarding present and future property, debts, income, and other matters as permitted under the Uniform Premarital Agreement Act, N.M. Stat. Ann. §§ 40-3A-1 – 40-3A-10 (the “UPAA”).
C. The Parties have made a full and fair disclosure of their respective assets, liabilities, and financial circumstances contemporaneously with this Agreement.
D. Each Party has had adequate opportunity to obtain independent legal counsel of his or her choice and enters into this Agreement voluntarily, free from duress, undue influence, or coercion.

NOW, THEREFORE, in consideration of the forthcoming marriage and the mutual covenants and promises herein, and intending to be legally bound, the Parties agree as follows:

2. DEFINITIONS

For purposes of this Agreement, the following capitalized terms have the meanings set forth below. Defined terms include the singular and plural forms and apply throughout the Agreement unless otherwise indicated.

“Agreement” has the meaning set forth in the Document Header.

“Disclosure” means the written financial statement delivered by each Party to the other Party and attached hereto as Schedule A (Party A) and Schedule B (Party B), setting forth all assets, liabilities, and income of such Party as of the Effective Date.

“Effective Date” has the meaning set forth in the Document Header.

“Marital Property” means any property, whether real, personal, tangible, or intangible, acquired jointly by the Parties after the Marriage Date that is not expressly designated as Separate Property.

“Marriage Date” means the date on which the Parties’ legal marriage is solemnized.

“Separate Property” means (i) all property owned by either Party on the Effective Date, as disclosed in the applicable Schedule, and (ii) all property acquired by either Party after the Marriage Date by gift, inheritance, devise, or bequest, or with the proceeds or appreciation thereof, provided such property is kept segregated from Marital Property or adequately traced.

3. OPERATIVE PROVISIONS

3.1 Classification of Property

3.1.1 Separate Property. Separate Property shall remain the sole and exclusive property of the owning Party, free of any claim by the other Party, notwithstanding any contribution of personal effort or marital services.
3.1.2 Marital Property. Marital Property shall be owned by the Parties as [CHOOSE ONE: joint tenants with rights of survivorship / tenants in common / community property], unless otherwise agreed in a contemporaneous signed writing.

3.2 Management & Control of Separate Property

Each Party shall have the absolute, unrestricted right to manage, control, transfer, encumber, convey, or dispose of his or her own Separate Property without the joinder or consent of the other Party.

3.3 Debts & Liabilities

3.3.1 Pre-Existing Debts. Each Party shall be solely liable for the debts and obligations listed in his or her Disclosure Schedule and shall indemnify, defend, and hold the other Party harmless from any Losses arising therefrom.
3.3.2 Future Debts. Debts incurred after the Marriage Date shall be the separate responsibility of the incurring Party unless expressly incurred jointly or consented to in writing by both Parties.

3.4 Spousal Support

3.4.1 Waiver / Limitation. [CHOOSE ONE: Each Party hereby waives / The Parties hereby limit] any right to receive spousal support, maintenance, or alimony from the other Party, except as may be required to prevent an unconscionable result at the time of enforcement, consistent with UPAA § 40-3A-4(B).
3.4.2 Court Oversight. The Parties acknowledge that a New Mexico court retains discretion to modify or refuse enforcement of this Section 3.4 if application would result in undue hardship.

3.5 Estate Rights & Death Benefits

3.5.1 Intestate Succession. Each Party knowingly and voluntarily waives any and all rights to elect against the other Party’s will or otherwise claim a statutory share, except as specifically provided herein or in future estate planning instruments.
3.5.2 Life Insurance. Each Party may, but is not obligated to, designate the other Party as beneficiary under any life insurance policy.

3.6 Tax Matters

The Parties agree to consult tax professionals regarding filing status and deductions. Nothing herein shall be construed to require or prevent joint filing. Any tax refunds or liabilities shall be allocated in accordance with the characterization of the underlying income or deduction.

3.7 Insurance

Each Party shall maintain reasonable health insurance coverage for himself or herself. The Parties may, by mutual written agreement, obtain joint policies for property or liability insurance.

4. REPRESENTATIONS & WARRANTIES

4.1 Authority & Capacity. Each Party represents that he or she is at least eighteen (18) years of age, of sound mind, and has the legal capacity to enter into this Agreement.

4.2 Voluntariness. Each Party represents that this Agreement is executed voluntarily and that no fraud, duress, or undue influence has been exerted.

4.3 Full Disclosure. Each Party represents that his or her Disclosure Schedule is true, complete, and accurate in all material respects.

4.4 Legal Counsel. Each Party affirms that he or she (i) has consulted independent legal counsel of choice, or (ii) knowingly and voluntarily waived the right to do so.

4.5 Survival. The representations and warranties in this Article 4 shall survive execution and may be asserted in any proceeding relating to enforcement or validity of this Agreement.

5. COVENANTS & RESTRICTIONS

5.1 Further Assurances. Each Party shall, upon reasonable request, execute additional documents necessary to carry out the intent of this Agreement.

5.2 Confidentiality. The Parties shall maintain the confidentiality of each other’s financial information except as required by law or court order.

5.3 Non-Assignment. Neither Party may assign any right or delegate any obligation under this Agreement without the prior written consent of the other Party; any purported assignment in violation hereof is void.

6. DEFAULT & REMEDIES

6.1 Events of Default. A “Default” occurs if any Party materially breaches this Agreement, including but not limited to:
(a) Failure to transfer property as required;
(b) Failure to indemnify for designated debts;
(c) Material misrepresentation or omission in the Disclosure Schedules.

6.2 Notice & Cure. The non-defaulting Party shall provide written notice specifying the Default. The defaulting Party shall have thirty (30) days to cure, or such longer period as the Parties may agree in writing.

6.3 Remedies. If a Default is not cured within the cure period, the non-defaulting Party may seek:
(a) Specific performance;
(b) Injunctive relief;
(c) Monetary damages limited in accordance with Article 7; and/or
(d) Any other remedy available at law or in equity under New Mexico law.

7. RISK ALLOCATION

7.1 Mutual Indemnification. Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party (“Indemnified Party”) from any and all claims, damages, liabilities, costs, and expenses (collectively, “Losses”) arising out of or related to the Indemnifying Party’s separate debts, obligations, or misrepresentations.

7.2 Limitation of Liability. Except for fraud or intentional misconduct, the aggregate liability of an Indemnifying Party under this Agreement shall not exceed [DOLLAR AMOUNT] or the value of the Indemnifying Party’s Separate Property, whichever is greater.

7.3 Force Majeure. Neither Party shall be liable for failure to perform any obligation (other than payment of monetary obligations) caused by events beyond reasonable control, including natural disasters, acts of war, or government actions.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to conflicts-of-law principles.

8.2 Forum Selection. Subject to Section 8.3, the Parties consent to the exclusive jurisdiction of the New Mexico state family court located in [COUNTY], New Mexico.

8.3 Limited Arbitration. The Parties may, by mutual written agreement executed after any dispute arises, submit any property or support dispute (excluding child custody or child support) to binding arbitration administered by [ARBITRATION ORGANIZATION] under its domestic rules then in effect. The arbitral award may be entered as a judgment in the family court.

8.4 No Jury Trial. The Parties acknowledge that family law proceedings in New Mexico are tried without a jury and waive any right thereto to the extent such right may exist.

8.5 Injunctive Relief. Notwithstanding Section 8.3, either Party may seek temporary, preliminary, or permanent injunctive relief, including specific performance, from the family court to protect rights under this Agreement while arbitration or litigation is pending.

9. GENERAL PROVISIONS

9.1 Amendments. This Agreement may be amended only by a written instrument signed by both Parties and notarized.

9.2 Waiver. No waiver of any provision shall be effective unless in writing and signed by the Party against whom the waiver is asserted. A waiver shall not operate as a continuing waiver.

9.3 Severability. If any provision is determined invalid or unenforceable, the remaining provisions shall remain in full force, and the court shall modify the invalid provision to the minimum extent necessary to make it enforceable, consistent with the Parties’ intent.

9.4 Entire Agreement. This Agreement, including all Schedules, constitutes the complete understanding of the Parties and supersedes all prior oral or written agreements concerning the subject matter.

9.5 Successors & Assigns. This Agreement is binding upon and inures to the benefit of the Parties and their respective heirs, personal representatives, successors, and permitted assigns.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which is deemed an original and all of which collectively constitute one instrument. Signatures delivered via electronic means (e.g., PDF or verified e-signature platform) shall be deemed originals.

9.7 Construction. The headings are for convenience only and shall not affect interpretation. The term “including” means “including, without limitation.”

10. EXECUTION BLOCK

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

NOTARY ACKNOWLEDGMENT

State of New Mexico )
County of [COUNTY] ) ss.:

On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared [PARTY A NAME] and [PARTY B NAME], known to me or satisfactorily proven to be the individuals whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

Notary Public
My Commission Expires: _______

11. SCHEDULES

• Schedule A – Party A Disclosure Statement
• Schedule B – Party B Disclosure Statement

[// GUIDANCE: Attach comprehensive asset, liability, and income schedules. Ensure all bank statements, investment holdings, real-estate valuations, debt statements, and contingent liabilities are disclosed. Inadequate disclosure may render the Agreement unconscionable under UPAA § 40-3A-4.]

[// GUIDANCE:
1. Review current New Mexico case law for any interpretive nuances under the UPAA, particularly regarding unconscionability at enforcement.
2. Confirm that any spousal support waiver is fair as of execution and unlikely to create undue hardship at enforcement.
3. If either Party is pregnant or if minor children are anticipated, include a provision clarifying that child support and custody are not governed by this Agreement.
4. Consider having each Party initial every page to reinforce voluntariness and confirm no unnoticed alterations.]