New Mexico Prenuptial Agreement Form

Getting divorced is not always quiet and stressless, even if your relationship was all peaceful. If you want to be sure there’ll be no undesirable money-related scandals in the future, sign the New Mexico Prenuptial Agreement with your intended spouse. Although some people still believe a prenup is only for those who possess substantial amounts of money, businesses, and real property, this prenup agreement template is increasingly becoming popular among ordinary Americans. It protects your assets in case of a divorce.

Someone may also say that creating a prenup automatically means a lack of trust between the spouses-to-be. However, this is nothing but a preventive measure, especially if the future spouses have already experienced a divorce. The document also comes in handy if one of the parties passes away.

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Even the strongest relationship may turn out to be imperfect. Both parties should look into §40-3A of the state law before signing the prenup they have discussed. Fraud, misleading information, or failing to present a complete financial disclosure may turn into a future catastrophe if not noticed in time. If you can afford it, hire a legal professional to review all the contract provisions and the documents attached by the adverse party.

You can find the agreement template on any web page you believe is reliable. To ensure the best results and get a customized New Mexico Prenuptial Agreement Form, use our form-building software.

New Mexico Prenup Laws and Requirements

The rules for creating a lawful prenup vary from state to state. Below, you will get acquainted with the latest requirements to consider before appending your signature in the contract.

Signing Requirements

According to §40-3A-3 of New Mexico law, the document must be created in writing, signed by both parties, and authenticated by a legal notary.


As described in §40-3A-5, the document becomes effective on the date of marriage.

Court Refusal

A prenup will be considered invalid if any of the spouses is under the age of 18.

It is also critical that the contract is signed by the future spouses voluntarily. If one of the parties provides enough proof that they were forced to append their signature, the court will invalidate the agreement.

If your marriage is deemed as void, the prenup will be voided automatically as well.

The other reason why the court can refuse to legitimize the agreement is if the provisions therein are incredibly unfair, meaning that one of the spouses did not completely understand the conditions they accepted.

What Prenups Can Cover

A premarital agreement is always about how you wish to split your property if your relationship comes to an end. Among the most common provisions described in the document are:

  • Whether the parties are willing to share their own real and personal property in case of a divorce
  • The split of assets
  • Each party’s debts and loans
  • Credit cards records;
  • Whether the rights to sell, buy, rent, or somehow otherwise manage the marital property are granted to the spouses
  • Alimony
  • Health insurance
  • Whether the parties intend to have joint or separate retirement bank accounts
  • And other issues that the spouses believe are necessary to indicate in the contract.

You will never see custody or child support information in a prenup. Children from previous marriages will most probably stay with their parents, but joint minors’ destiny will not be understood until the divorce case is concluded. This is due to the factors taken into account while deciding upon children-related matters: a child’s own preference of where to live, the parents’ job positions, educational needs, financial capacity, mental competence, history of domestic violence, etc.

Property Type

In New Mexico, the marital property is divided equally unless the court finds that inequitable. If both spouses wish the distribution to be different, they must agree upon this matter in the prenup and provide their signatures.

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Published: Jun 8, 2022