Why should a married couple create a post-nuptial agreement?
Mary Ann R. Burmester’s Answer
A post-nuptial agreement allows a married couples to modify certain aspects of New Mexico community property laws, and it can outline the couple’s wishes about custody and visitation of the minor children.
After a couple gets married, they may want to clarify what property is a community asset and what is the separate property 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.