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Postnuptial & Prenuptial Agreement Attorneys in Albuquerque

Helping to Protect Your Assets

Married couples can modify certain aspects of New Mexico community property laws either before or after the wedding. Our team of Albuquerque prenuptial agreement lawyers have been helping couples draft agreements before and after marriage for years and can help guide you through the process.

Pre-Nuptial Agreements in Santa Fe, Bernalillo County & throughout New Mexico

Engaged couples can create a contract called a “prenuptial” or “ante-nuptial” agreement that spells out how property will be allocated between them and whether wages/salary earned during the marriage will be either community or separate income.

In New Mexico before the wedding, a spouse cannot give up the right to alimony / spousal support or waive rights to retirement benefits that accrue after the wedding or spell out custody of the children in advance. The real main benefit to doing a pre-nuptial agreement is to spell out how income and property acquired after the marriage will be handled.

Creating a Valid Prenuptial Agreement

For a prenuptial agreement to be valid and enforceable in New Mexico, a few conditions must be satisfied:

  • You can’t sign the contract so close to the wedding date as to make it seem like coercion
  • Both sides have the right to have their own lawyer represent them in negotiating the terms of the contract and the language of the actual prenuptial agreement
  • There must be full disclosure of all property and debts, preferably by exchanging copies of financial documents, deeds, titles, etc.

If you and your partner meet the conditions listed above, NM Divorce & Custody LLC in Albuquerque, NM can help you draft the agreement so that it is fair to you and your future spouse.

Post-Nuptial Agreements

After a couple gets married, sometimes they want to clarify what property is a community asset or debt, and what is the separate property or debt of each spouse. Sometimes this happens when the relationship gets rocky and the couple is considering getting divorced, but aren’t ready to give up on the marriage completely.

A post-nuptial agreement can address issues of property, debt, alimony, and retirement benefits. It can describe the couple’s wishes about custody and visitation of the minor children, and possibly child support, but the Court is not required to implement arrangements for the children that do not serve the children’s best interests at the time the marriage ends.

A post-nuptial agreement closely resembles a marital settlement agreement that is drafted in a divorce. That means there needs to be full disclosure of property and debt at the time the document is prepared, both sides have the right to his / her own lawyer, and nobody can be forced to sign a post-nuptial agreement.

Experienced in Drafting Pre- and Post-Nuptial Agreements

Our prenuptial agreements attorney in Albuquerque are experienced in drafting both pre-nuptial and post-nuptial agreements. Attorney Mary Ann R. Burmester has been practicing family law for over 30 years. In addition to helping you draft your agreements, we also provide pre-marital counseling for couples.

Contact our office today to schedule an appointment to learn more.