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Free New Mexico Prenuptial Agreement Template

A New Mexico prenup can settle property terms, but state law bars several kinds of clauses. Create yours with our guided form and keep it within those limits.

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What Is a Prenuptial Agreement in New Mexico?

A New Mexico prenuptial agreement is an agreement between prospective spouses, made in contemplation of marriage, that takes effect on marriage. The state adopted its version of the Uniform Premarital Agreement Act in 1995, with firm limits on what couples can agree to.

New Mexico Requirements for a Prenuptial Agreement

Most of the relevant rules sit in NMSA 1978, chapter 40.

Written and Acknowledged

First, NMSA § 40-2-4 requires contracts for marriage settlements to be in writing. In addition, the parties must execute and acknowledge or prove them the same way as a grant of land.

The Challenge Test

Under § 40-3A-7(A), the partner resisting the agreement can defeat it by proving involuntary signing. Otherwise, that partner must prove unconscionability at signing. In that case, they also need to show they had no fair disclosure, no written disclosure waiver, and no adequate knowledge of the other’s finances.

Courts Decide Voluntariness Too

Meanwhile, § 40-3A-7(B) goes further than many states. It directs the court to decide both unconscionability and voluntariness as matters of law.

What Can't a New Mexico Prenup Do?

Quite a lot, compared with many states. Under § 40-3A-4(B), a premarital agreement may not adversely affect any of these:

  • Support rights of a child or spouse
  • Rights to child custody or visitation
  • Either partner’s choice of where to live
  • Freedom to pursue career opportunities

Moreover, courts apply that limit. In Rivera v. Rivera (2010), the New Mexico Court of Appeals held an agreement unconscionable because each spouse waived support from the other. The court found that waiver violated the policy in § 40-3A-4(B).

Therefore, a New Mexico prenuptial agreement should focus on property and leave support, custody, residence, and career choices alone.

Tip

Scan the draft for any clause about support, where you’ll live, or anyone’s job. New Mexico bars terms that adversely affect those rights. Removing them early keeps the rest of the agreement on solid footing.

How to Sign a New Mexico Prenuptial Agreement

  1. Draft property terms only. Skip support waivers and personal-choice restrictions.
  2. Share financial details. Any waiver of further disclosure belongs in writing.
  3. Give each partner time to decide. Voluntariness is a legal question for the court.
  4. Next, sign in writing. Each partner signs the finished agreement.
  5. Finally, complete the acknowledgment. Follow the formalities used for a grant of land.

What to Include in a New Mexico Prenuptial Agreement

A New Mexico prenuptial agreement commonly covers:

  • Property each partner keeps as separate
  • How to treat property acquired during the marriage
  • Management and control of property
  • Wills or trusts that reflect the agreement
  • A summary of financial disclosure
  • Signatures and an acknowledgment

Keep out any term that adversely affects spousal or child support, custody, where either partner lives, or career choices.