Marital Agreements Before
and After Marriage
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.
Everyone’s support was wonderful, and so needed, during such a brutal, emotional, and heartbreaking time. - M.F.
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.
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:
- retirement benefits
- It can describe the couple’s wishes about custody and visitation of the minor children, and possibly child support
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.
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- Our lead attorney has been through a divorce herself and knows what you're going through.
- Our team has over 55 years of combined experience.
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