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The New Mexico postnuptial agreement is a legal document that outlines how spouses will handle their financial and non-financial matters during and after the marriage.
The postnuptial agreement form can include provisions regulating matters like the division of marital property after divorce, rights to a certain property during the marriage, matters connected to insurance, wills, trusts, and more.
The main difference between a postnuptial and a prenuptial agreement is when the parties are signing the document. With a prenup agreement, the parties sign the document before they get married. With the postnup agreement, however, the spouses sign the document only after they get married.
Laws and Legal Requirements for a Postnuptial Agreement in New Mexico
The laws and legal requirements for a postnuptial agreement in New Mexico are outlined in the provisions of state law and the decisions of the New Mexico courts. The main reason for this is that New Mexico didn’t adopt the Uniform Marital Agreement Act.
Section 40-2-2 of the New Mexico Statutes provides that “[e]ither husband or wife may enter into any engagement or transaction with the other, or with any other person respecting property, which either might, if unmarried; subject, in transactions between themselves, to the general rules of common law which control the actions of persons occupying confidential relations with each other.”
Signing Requirements for a Postnuptial Agreement in New Mexico
Section 40-2-4 of the New Mexico Statutes provides 3 main signing requirements for the postnuptial agreement:
Signing Requirements
The agreement must be made in written form
Both parties to the postnuptial agreement must sign the document
The agreement must be notarized
In addition, the parties must record their postnuptial agreement in each county where they own the property that is subject to it.
Postnuptial Agreement Enforcement in New Mexico
The Mexico postnuptial agreement will be enforceable if it fulfills the criteria set by the state law.
First, both parties must sign the document willingly. This means that they should not be under the influence, duress, pressure, or any other kind of manipulation of their free will to enter the agreement.
Second, both parties should make a complete and truthful disclosure of their financial status. This means that they should enter all of their assets and liabilities acquired until the moment of entering the agreement.
Finally, both parties must have access to independent legal representation before signing the document. This means that each spouse should be able to consult their lawyer before signing the agreement.
What Can a Postnuptial Agreement in New Mexico Cover?
The postnuptial agreement in New Mexico can cover different matters that are changing the state-established rules on the financial and non-financial relationships of the spouses. However, the provisions of the postnup agreement must not directly violate the principles established by state law and public policy.
In the section below, you can see the matters that are most commonly regulated by the New Mexico postnuptial agreement template:
Provisions in a Postnuptial Agreement
Rights and duties of the parties in relation to their individual and marital property
Right to sell, buy, lease, transfer, mortgage, or manage the property acquired during the marriage
Agreement on how the property will be divided in case of marriage dissolution, divorce, death, or any similar event
Matters related to alimony, insurance policy, pensions, and more
Determining the relevant law for the interpretation of the postnuptial agreement
Postnuptial Agreement in New Mexico: Validity Criteria
The first validity criterion for the New Mexico postnuptial agreement form is connected with the formality requirements set by the state law. This means that the postnup agreement will not be considered valid if it’s not made in a written form and not signed by both parties to the agreement.
The second validity criterion is connected with the existence of the marriage. This means that the postnup agreement will be considered valid as long as the parties sign the document during their marriage.