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When couples in New Mexico decide to marry, love and commitment are usually the focus, but marriage is also a legal contract with financial implications. A prenuptial agreement, often called a “prenup,” allows couples to clarify how assets, debts, and future financial matters will be handled if the marriage ends in divorce or death. While some people think prenups are only for the wealthy, the truth is that they can benefit almost any couple who wants to enter marriage with clarity and protection.
What Is a Prenuptial Agreement?
A prenuptial agreement is a written contract between two people who plan to marry. It outlines how property, income, and financial responsibilities will be divided if the marriage ends. Prenups can cover a variety of issues such as:
- How property acquired before and during marriage will be divided
- Responsibility for debts
- Spousal support (alimony) terms
- Ownership of family businesses
- Rights to inheritance or life insurance benefits
Prenups cannot, however, determine issues like child custody or child support, since those matters are always decided based on the child’s best interests at the time of divorce.
Why Consider a Prenuptial Agreement?
Many couples believe that prenups signal mistrust, but in reality, they promote transparency and financial planning. They are particularly useful if:
- One or both partners have significant assets, property, or investments
- Either party owns a business or professional practice
- One spouse carries substantial debt
- The couple has children from previous relationships
- There are expected inheritances or family property involved
A well-drafted prenup ensures that both parties understand each other’s financial situations and prevents misunderstandings later.
Prenuptial Agreements Under New Mexico Law
New Mexico follows the Uniform Premarital Agreement Act (UPAA), which provides clear guidelines for how prenups are created and enforced. For a prenuptial agreement to be valid, it must meet several legal requirements:
- It must be in writing and signed by both parties.
Oral agreements are not recognized under New Mexico law. - It must be voluntary.
Both parties must sign willingly, without pressure, coercion, or fraud. - Full financial disclosure is required.
Each party must provide a complete and honest disclosure of their assets, debts, and income before signing. - It must be fair and not unconscionable.
A prenup that heavily favors one party or is grossly unfair could be rejected by the court. - Independent legal counsel is highly recommended.
Each party should consult their own attorney to ensure that their rights are fully protected and understood.
What Can and Cannot Be Included in a New Mexico Prenup
Can include:
- Division of marital and separate property
- Management of joint finances or business interests
- Spousal support agreements
- Designation of retirement or investment accounts
Cannot include:
- Child custody or visitation terms
- Child support limits or waivers
- Anything illegal or against public policy
When Prenuptial Agreements Are Challenged
Prenups can be contested during divorce proceedings if one party claims it was invalid. Common reasons include:
- One spouse did not fully disclose assets or debts
- The agreement was signed under duress or without enough time to review
- The terms are extremely one-sided or unfair
- Lack of independent legal advice
To avoid disputes, it’s best to discuss and draft the agreement well in advance of the wedding date.
Do Prenups Only Protect the Wealthy?
Not at all. Prenuptial agreements are useful for anyone who wants to define clear financial boundaries and expectations. For example, they can protect a spouse from assuming responsibility for the other’s debt or ensure that family property stays within one’s lineage.
In many cases, prenups actually strengthen marriages by encouraging open conversations about money, values, and long-term plans.
How an Experienced New Mexico Family Law Attorney Can Help
Creating a prenuptial agreement is not just about filling out a template—it’s about crafting a personalized document that reflects your unique financial situation and goals.
An experienced New Mexico family law attorney can help you:
- Draft an agreement that meets state requirements
- Ensure fairness and full financial disclosure
- Review an agreement presented by your fiancé(e)
- Update or modify an existing prenup if circumstances change
Call Genus Law Group Today
If you’re getting married in New Mexico and want to protect your future, the attorneys at Genus Law Group can guide you through every step of the prenuptial agreement process. We help couples create fair, enforceable contracts that foster trust and protect both parties’ interests.
Call us at 505-317-4455 or contact us online to schedule a consultation with one of our experienced New Mexico family law attorneys.
