Pre- and Post-Nuptial Agreements
Married couples can modify certain aspects of New Mexico community property laws either before or after they are married. Mary Ann R. Burmester at NM Divorce & Custody Law LLC has been helping couples draft agreements before and after marriage for more than 25 years and can help you.
Engaged couples can create a contract called a “pre-nuptial” 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 property or separate property.
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 Pre-Nuptial Agreement
For a pre-nuptial 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 pre-nuptial agreement
- There must be full disclosure of all property and debts
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 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.
Experience in Drafting Pre- and Post-Nuptial Agreements
Ms. Burmester at NM Divorce & Custody Law LLCis experienced in drafting both pre-nuptial and post-nuptial agreements. She has been practicing family law for over 25 years. In addition to helping you draft your agreements, she also provides pre-marital counseling for couples. Contact our office today to schedule an appointment to learn more.