Free New Mexico Prenuptial Agreement

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Create your Prenuptial Agreement
Where do you live?
Different states have different rules and regulations. Your
Prenuptial Agreement will be customized for .

First Party
Gender:
- Male
- Female
Name:

Second Party
Gender:
- Male
- Female
Name:

Home Address

Where does First Party live?
Street Address:
City/Town:
State:
ZIP Code:
Does Second Party live at the same address?
- Yes
- No
Where does Second Party live?
Street Address:
City/Town:
State:
ZIP Code:

Second Party's Assets

List the assets that Second Party will own in the event of a break up:
First Item:

e.g., 2018 Honda Civic, VIN: 345HJ54OH32
- Add another Item
Second Item:

e.g., 2018 Honda Civic, VIN: 345HJ54OH32
- Add another Item
Third Item:

e.g., 2018 Honda Civic, VIN: 345HJ54OH32
- Add another Item
Fourth Item:

e.g., 2018 Honda Civic, VIN: 345HJ54OH32
- Add another Item
Fifth Item:

e.g., 2018 Honda Civic, VIN: 345HJ54OH32
- Add another Item
Sixth Item:

e.g., 2018 Honda Civic, VIN: 345HJ54OH32
- Add another Item
Seventh Item:

e.g., 2018 Honda Civic, VIN: 345HJ54OH32
- Add another Item
Eighth Item:

e.g., 2018 Honda Civic, VIN: 345HJ54OH32
- Add another Item
Ninth Item:

e.g., 2018 Honda Civic, VIN: 345HJ54OH32
- Add another Item
Tenth Item:

e.g., 2018 Honda Civic, VIN: 345HJ54OH32

Shared Assets
Do First Party and Second Party co-own real estate or any other valuable possessions?
- Yes
- No
Do you want to list your shared assets?
- Yes
- No
How do you want to list your shared assets?
- Attach a list of shared assets after printing
- List the shared assets now

List of Shared Assets

List any assets or real estate co-owned by First Party and Second Party:
First Item:
- Add another item
Second Item:
- Add another item
Third Item:
- Add another item
Fourth Item:
- Add another item
Fifth Item:
- Add another item
Sixth Item:
- Add another item
Seventh Item:
- Add another item
Eighth Item:
- Add another item
Ninth Item:
- Add another item
Tenth Item:

Dividing Shared Assets
In the event of a breakup, how would you like to divide your shared assets?
- 50/50 split
- Split based on financial contribution towards asset
- Other
Describe how shared assets will be divided using complete sentences:
e.g., John Doe will receive 60% of all shared assets.

Second Party's Debts

List the debt that Second Party will be responsible for in the event of a break up:
First Debt:
- Add another debt
Second Debt:
- Add another debt
Third Debt:
- Add another debt
Fourth Debt:
- Add another debt
Fifth Debt:
- Add another debt
Sixth Debt:
- Add another debt
Seventh Debt:
- Add another debt
Eighth Debt:
- Add another debt
Ninth Debt:
- Add another debt
Tenth Debt:

Dividing Shared Debt
In the event of a breakup, how would you like to divide your shared debts?
- 50/50 split
- Other
Describe how shared debt will be divided using complete sentences:

Spousal Support
Do you want to decide how spousal support will be handled if you break up?
- Yes
- No
Will either party provide spousal support in the event of a breakup?
- Yes
- No support
Describe the spousal support being provided:
e.g., Mary Smith will receive support in the monthly amount of $200.00 on the condition that the parties are married for a minimum of five years.

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What Does a Prenuptial Agreement Cover in New Mexico?

A prenuptial agreement is a fairly old concept ratified by many states to supplement marriage laws. With the rising cases of divorces, couples want to prepare adequately for uncertainties in marriage. Therefore, a prenuptial agreement offers financial security and peace of mind in case of death or divorce.

Different states have different rules governing prenuptial agreements. Understanding what your state requires before signing a premarital contract is essential. Here, you'll learn what a prenuptial agreement in New Mexico entails.

What Is a Prenuptial Agreement in New Mexico?

A prenup is a contract between two people who intend to marry. The agreement focuses on couples’ rights and responsibilities in marriage and how to share property during death or divorce. A prenup also specifies if any of the spouses will receive alimony and for how long.

Who Should Get a Prenup in New Mexico?

A prenup is suitable for couples who wish to have financial security and control of valuable assets. So, regardless of your age, economic or social status, you may consider a prenuptial agreement if you intend to marry.

Some investments such as real estate, stocks, and businesses may be subject to disposition when you divorce. Therefore, a prenup will help you keep them separate, so you won’t worry about losing the assets.

Similarly, if you have a child from a previous union, you may want a premarital contract to protect your child’s inheritance from unfair distribution later in life.

What Does a Premarital Contract Cover?

A prenuptial contract covers the investment and financial aspects of marriage. However, according to New Mexico law, there’s no provision for child support in prenuptial agreements. Furthermore, the law assumes that the parents’ earnings in marriage and divorce may differ, making it impossible to calculate a child’s support in prenuptial agreements.

As for custody, the judge will evaluate a child’s best interest and determine who secures the child’s control during a divorce.

Typically, prenups in New Mexico will address the following issues:

The right of each spouse to own property as a couple or individually

How the couple will share assets if either spouse dies or if they divorce

The rights of each spouse to transfer, control, lease, and manage property in marriage

How you’ll distribute assets and debts in case of separation, divorce, or death

If you’ll receive or pay alimony to your spouse and for how long

How you’ll draft a will to cover the clauses in your agreement

Whether you or your spouse will receive benefits from life insurance

Marriage laws in New Mexico allow you to include other issues in the contract.

Is a Prenuptial Agreement Enforceable in New Mexico?

Like most states, New Mexico follows the Uniform Premarital Agreement Act under the new statutes, chapter 40 and Article 3A. The act establishes rules a court may use to enforce a premarital contract.

According to New Mexico's law in section 40-3A-3, an enforceable prenup must be a written document signed by both partners who intend to get married. Under section 40-3A-5, the agreement becomes effective once signed.

A prenup in New Mexico may not divide marital property equally. However, it shouldn’t subject either couple to financial depravity owing to a divorce. Thus, if either spouse requests the state’s financial assistance following a divorce, the court may overturn the contentious alimony sections of the agreement.

In addition, the following conditions may render the contract invalid:

Either spouse didn’t sign the document voluntarily

Either spouse is below 18 years old

The prenuptial agreement is severely biased

Either spouse didn’t fully disclose financial information, including debts and assets

Please find a free New Mexico prenuptial agreement form on our site.

Step 1 of 20

Create your Prenuptial Agreement

First Party

Second Party

Home Address

Where does First Party live?

Where does Second Party live?

Separate Assets

First Party's Assets

List the assets that First Party will own in the event of a break up:

Second Party's Assets

List the assets that Second Party will own in the event of a break up:

Shared Assets

List of Shared Assets

List any assets or real estate co-owned by First Party and Second Party:

Dividing Shared Assets

Separate Debt

First Party's Debts

List the debt that First Party will be responsible for in the event of a break up:

Second Party's Debts

List the debt that Second Party will be responsible for in the event of a break up:

Joint Debt

List of Shared Debt

List the debts shared by First Party and Second Party:

Dividing Shared Debt

Children

Children from the Parties' Relationship

List the dependent children you have together:

First Party's Children from a Past Relationship

List First Party's dependent children from past relationships:

Second Party's Children from a Past Relationship

List Second Party's dependent children from past relationships:

Spousal Support

Surviving Spouse's Inheritance

Describe the additional inheritance rights:

Additional Clauses

Signing Details

Please wait, your document is being prepared.

What Does a Prenuptial Agreement Cover in New Mexico?

What Is a Prenuptial Agreement in New Mexico?

Who Should Get a Prenup in New Mexico?

What Does a Premarital Contract Cover?

Is a Prenuptial Agreement Enforceable in New Mexico?