Updated May 17, 2023
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The New Mexico prenuptial agreement is a written contract drafted before marriage to determine how a couple’s property will be divided upon divorce. The agreement lists the couple’s assets and assigns property rights to each party. The couple will then provide instructions for how their assets will be managed if the marriage were to end due to divorce, death, or legal separation. Couples may also include information that addresses their debts, insurance policies, real estate, alimony preferences, and inheritance.
Signing Requirements (§ 40-3A-3) – The document must be signed by both parties and acknowledged by a notary public.
Laws
- § 40-3A-1 – Short title
- § 40-3A-2 – Definitions
- § 40-3A-3 – Formalities
- § 40-3A-4 – Content
- § 40-3A-5 – Effect of marriage
- § 40-3A-6 – Amendment; revocation
- § 40-3A-7 – Enforcement
- § 40-3A-8 – Enforcement; void marriage
- § 40-3A-9 – Limitation of actions
- § 40-3A-10 – Application and construction