Prenuptial Agreement - New Mexico

NEW MEXICO PREMARITAL AGREEMENT

Before signing: Complete both financial schedules and exchange them before signing. A New Mexico premarital agreement must be in writing, signed by both people, and acknowledged; it takes effect upon marriage (NMSA 1978, §§ 40-3A-3, -5). Do not use this document to restrict a spouse's or child's support, child custody or visitation, either person's choice of home, or career opportunities (§ 40-3A-4(B)).

This agreement is made on [DATE] between [PARTY A FULL LEGAL NAME] of [ADDRESS] ("A") and [PARTY B FULL LEGAL NAME] of [ADDRESS] ("B"). The parties intend to marry on or about [DATE] and agree to the property terms below in contemplation of that marriage.

1. Disclosures and voluntary choice

1.1 A delivered Schedule A to B on [DATE], and B delivered Schedule B to A on [DATE]. Each schedule lists the person's assets, debts, and approximate values or balances as of its stated date. Each party has reviewed the other's schedule, had time to ask questions, and has identified any material corrections here: [CORRECTIONS / NONE]. Attach the corrected schedules before signing.

1.2 Each party signs voluntarily after an opportunity to seek separate legal advice. A's attorney or decision about counsel: [NAME / DECLINED]. B's attorney or decision about counsel: [NAME / DECLINED]. The parties understand that voluntariness and financial disclosure can affect enforcement under § 40-3A-7; this recital does not decide a later court challenge.

2. Property identified at signing

2.1 A's property identified on Schedule A remains A's separate property. B's property identified on Schedule B remains B's separate property, subject to the specific exceptions in Section 2.3. The parties designate those assets as separate property by this written agreement under § 40-3-8(A)(5).

2.2 Property already owned jointly or whose title is disputed: [DESCRIBE, VALUE, TITLE, AND AGREED CHARACTER]. The parties' agreed ownership shares and disposition on separation, dissolution, or death are: [SPECIFIC TERMS]. Attach a separate schedule if needed.

2.3 Exceptions to Section 2.1, including any asset that the parties agree to hold as community property: [ASSET, CHARACTER, AND SHARES / NONE]. This agreement does not itself transfer recorded title; the parties will execute any deed or account document needed to carry out a stated transfer.

3. Property acquired during marriage

3.1 The parties designate the following acquisitions and their identifiable proceeds as separate property of the named party: [DESCRIBE CATEGORIES, OWNER, AND HOW OWNERSHIP WILL BE TRACED / NONE]. Income or appreciation from an identified separate asset will be treated as follows between the parties: [SPECIFIC RULE].

3.2 Property acquired with contributions from both parties or placed in both names will be classified and divided as follows: [CLASSIFICATION, OWNERSHIP SHARES, REIMBURSEMENT METHOD, AND DISPOSITION]. For any category left open, applicable New Mexico law governs; this agreement creates no blanket rule from title or possession alone.

3.3 Each party may manage that party's separate property, subject to applicable law and any consent required for a particular transfer. If one party contributes money or labor to the other's separate property, the parties agree that reimbursement or an ownership interest will be determined as follows: [FORMULA AND RECORDS / APPLICABLE LAW].

4. Debts

4.1 As between the parties, A will pay the debts listed on Schedule A and B will pay the debts listed on Schedule B, except [EXCEPTIONS / NONE]. The allocation of a debt incurred during marriage is: [DESCRIBE DEBT, RESPONSIBLE PARTY, AND REIMBURSEMENT].

4.2 A party assigned a debt will reimburse the other for payments that the other is required to make on it, within [NUMBER] days after written proof of payment. This private allocation does not release either party from a creditor's rights; obtain any creditor consent or release separately.

5. Disposition on separation, dissolution, or death

5.1 If the parties separate or their marriage is dissolved, each keeps the property designated to that person under Sections 2 and 3. Joint or community property and unresolved reimbursement claims will be addressed under [ATTACHED DIVISION SCHEDULE / APPLICABLE LAW]. Any specified payment or transfer is [AMOUNT OR FORMULA, PAYOR, RECIPIENT, AND DEADLINE / NONE].

5.2 On a party's death, the disposition of the property covered by this agreement is [DESCRIBE EACH PROPERTY CATEGORY AND RECIPIENT / APPLICABLE LAW]. Any intended waiver of a right in the deceased party's estate must be identified here with the right, affected property, and surviving party: [PRECISE WAIVER / NONE]. Each party may make a will, trust, or beneficiary designation consistent with these terms. This agreement itself does not change a beneficiary designation or recorded title.

5.3 Life insurance policy [INSURER AND POLICY] will have [OWNER] as owner and [BENEFICIARY] as beneficiary, subject to any later policy change permitted by the agreement and law. Other insurance rights: [DETAILS / NONE].

6. Matters reserved to law and the court

This agreement neither waives nor limits the right of either spouse or a child to support. It does not determine child custody or visitation or restrict either person's choice of residence or career. Those matters remain subject to governing law and any court order. Any attempted provision with that effect is excluded from the parties' agreement (§ 40-3A-4(B)).

7. Effect, changes, and disputes

7.1 This agreement becomes effective only when the parties marry. If the marriage does not occur, the property allocations in this document do not take effect as a premarital agreement (§§ 40-3A-2(A), -5).

7.2 After marriage, amendment or revocation is governed by § 40-3A-6. The parties may document a change in a writing signed and acknowledged by both; the statute also recognizes a consistent mutual course of conduct showing amendment or revocation. Record any agreed change clearly to reduce later disputes.

7.3 New Mexico law governs construction of this agreement. A dispute may be brought before a court with jurisdiction. The parties do not agree here to arbitrate support, custody, or other family matters. An invalid term does not change the parties' agreement on independent valid terms unless a court decides otherwise.

8. Signatures and acknowledgments

A and B have read the completed agreement and both schedules and sign before their intended marriage.

Party A signature: ______________________________ Date: [__/__/____]

Party B signature: ______________________________ Date: [__/__/____]

A acknowledgment State of New Mexico, County of [COUNTY]

This record was acknowledged before me on [DATE] by [PARTY A FULL LEGAL NAME].

Notarial officer signature: ______________________________ Title: [TITLE]

Notary public commission number: [NUMBER] Commission expiration: [DATE]

Official stamp: [AFFIX]

B acknowledgment State of New Mexico, County of [COUNTY]

This record was acknowledged before me on [DATE] by [PARTY B FULL LEGAL NAME].

Notarial officer signature: ______________________________ Title: [TITLE]

Notary public commission number: [NUMBER] Commission expiration: [DATE]

Official stamp: [AFFIX]

Schedule A — A's financial disclosure

Income and earnings sources: [EMPLOYER, BUSINESS, INVESTMENTS, AND AMOUNTS]

Other financial obligations or contingent claims: [DETAILS / NONE]

A's signature confirming this schedule: ____________________ Date: [DATE]

Schedule B — B's financial disclosure

Income and earnings sources: [EMPLOYER, BUSINESS, INVESTMENTS, AND AMOUNTS]

Other financial obligations or contingent claims: [DETAILS / NONE]

B's signature confirming this schedule: ____________________ Date: [DATE]