Marital Agreements

Premarital & Postmarital Agreements: The Uniform Premarital Agreement Act is in effect in New Mexico. Under this law, a premarital agreement needs to be in writing and signed by the parties before they marry. Both people are supposed to disclose their debts and assets before signing, and they must be signing the agreement in contemplation of marriage. Premarital agreements and postmarital agreements can change default property rights, so it is crucial for each partner to be fully apprised of the other’s financial situation. There are certain conditions that can result in an agreement not being enforceable, such as an unconscionable agreement or involuntariness.

Couple hugging along Seine River, Paris, France

Some Key Points to Understand

  • Prenuptial (before marriage) and postnuptial (after marriage) agreements spell out how a couple will divide their assets in the event their marriage dissolves.
  • Prenups become even more important when one member of a couple has major assets, a large estate, or expects to receive a large inheritance or distribution from a family trust.
  • You should consult with an experienced and professional New Mexico family law attorney to draw up one of these agreements to protect your financial future.

Reason to go for Pre or Post Nuptial Agreements?

The future is unpredictable, and the hard truth is that the way you feel about your partner today may not be the way you feel as life evolves. There are so many ups and downs in married life. Sometimes it is amazing but sometimes it brings lots of difficulties. That is why it is so important to have level-headed discussions about what might happen if your feelings change in the future now when you are sitting on the same side of the table and both truly want what is best for each other.

Some couples simply want to carefully plan for their financial future and wish to have their own set of rules that suit them better than those imposed by existing family law statutes.

As to postmarital agreements, sometimes there is not enough time before the wedding to create a premarital agreement. There may be differences in the enforceability of premarital agreements vs. postmarital agreements. It is a good idea to get legal advice if time permits before choosing one method over the other.

Some couples simply want to carefully plan for their financial future and wish to have their own set of rules that suit them better than those imposed by existing family law statutes.

As to postmarital agreements, sometimes there is not enough time before the wedding to create a premarital agreement. There may be differences in the enforceability of premarital agreements vs. postmarital agreements, it is a good idea to get legal advice if time permits before choosing one method over the other.

What is included in a Valid Postnuptial Agreement?

  1. Postnuptial agreements must be in writing.
  2. Both parties to a postnuptial agreement must have signed the agreement voluntarily and intentionally.
  3. Complete and fair disclosure is required to enforce the postnuptial agreements. If the information that one party relied on was not accurate or complete, the agreement may not be enforceable.
  4. One sided agreements or unfair agreement towards one party will not usually be enforceable.

What is included in a Valid Prenuptial Agreements

  1. Postnuptial agreements must be in writing.
  2. A prenuptial agreement requires that each party full discloses his or her assets.
  3. Both parties must voluntarily execute the agreement. If it can be proved that either party was forced to sign a prenuptial agreement against their will, the contract may be rendered null and void.
  4. Both parties must engage in full disclosure of their respective situations at the time the document is executed.
  5. Both parties must sign the document in the presence of a notary public.

The Importance Of Expert Legal Advice

It is very important that the legal documents are prepared by a lawyer who Understands New Mexico family law issues. Marital agreements are closely examined by the courts during enforcement actions. Having an experienced lawyer also helps to avoid any misunderstandings that can arise during the drafting process, ensuring that both of you will be satisfied and comfortable with the final agreement.

We are experienced in helping our clients and their families resolve complicated legal issues that encompass Divorce, Post-Divorce Modifications, Pre & Postnuptial Agreements, Enforcement of court orders, Restraining Orders, Paternity, Child Custody, child support, and other children’s issues.

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