• Slide_9
  • Slide_1
  • Slide_2
  • Slide_3
  • Slide_4
  • Slide_5
  • Slide_6
  • Slide_7
  • Slide_8
Call us at: (505) 881-2566
2727 San Pedro NE • Suite 114 • Albuquerque, NM 87110

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.

Pre-Nuptial Agreements

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.

Post-Nuptial Agreements

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.

Call NM Divorce & Custody Law LLC at 505-881-2566 in Albuquerque and speak with a Ms. Burmester today about pre- and post-nuptial agreements.
We help families solve problems.

Mary Ann Burmester helps families in the Greater Albuquerque and Santa Fe areas as well as all over New Mexico, no matter the county you live in. NM Divorce & Custody Law LLC helps New Mexicans in all 33 counties, including Bernalillo, Catron, Chavez, Cibola, Colfax, Curry, De Baca, Doña Ana, Eddy, Grant, Guadalupe, Harding, Hidalgo, Lea, Lincoln, Los Alamos, Luna, McKinley, Mora, Otero, Quay, Rio Arriba, Roosevelt, Sandoval, San Juan, San Miguel, Santa Fe, Socorro, Taos, Torrance, Union and Valencia
We help families solve problems

Request for Information

I appreciate everything Mary Ann and her team have done for my children, and myself, which entailed so much. Everyone’s support was wonderful, and so needed, during such a brutal, emotional, and heartbreaking time.   M.F.
2017-03-31T16:04:38+00:00
I appreciate everything Mary Ann and her team have done for my children, and myself, which entailed so much. Everyone’s support was wonderful, and so needed, during such a brutal, emotional, and heartbreaking time.   M.F.

I just wanted to take a moment to thank you for your representation. I can’t tell you how confident and comfortable I felt having you represent me and the peace of mind that brought was worth more than I could...
2017-03-31T16:22:11+00:00
I just wanted to take a moment to thank you for your representation. I can’t tell you how confident and comfortable I felt having you represent me and the peace of mind that brought was worth more than I could have imagined.  I never once felt that you were working without my best interests in mind and contrary to my ex-husband’s experience, the expenses incurred were reasonable and fair, and I believe you were diligent about not incurring additional costs unless they were absolutely necessary.   A.N.

The day I walked into your office I did not believe that my life would take such a toil on my life, the fact and promise you made that you would never leave my side at any point even when...
2017-04-03T10:55:47+00:00
The day I walked into your office I did not believe that my life would take such a toil on my life, the fact and promise you made that you would never leave my side at any point even when I just couldn’t find the strength to open emails because it was so painful to read has defined a new beginning for me.  I am back in NM and I will never look back thinking that he got the best of me, because you kept your promise to me and because I am doing it; I am living life again!D.A. D.A.

Going through a divorce is an agonizing process, the emotional distress was overwhelming at times and the financial implications only exacerbated my anxiety. On top of that I had to hire a lawyer and hope that they would be professional,...
2017-04-03T10:56:15+00:00
Going through a divorce is an agonizing process, the emotional distress was overwhelming at times and the financial implications only exacerbated my anxiety. On top of that I had to hire a lawyer and hope that they would be professional, reliable and honest. I found that at NM Divorce & Custody and can’t express how fortunate I felt to have had Mary Ann Burmester’s representation in what I thought was going to be a quick divorce. Mary Ann is sharp, knowledgeable and honest. She gave me recommendations that I felt comfortable in taking and I never felt her representation didn’t have my best interests in mind. Mary Ann was an excellent advocate when my husband’s lawyer was requesting things from me that were completely unnecessary and had no purpose other than escalating expenses. She and her team were on top of things from day one, leaving me no doubt I’d made the right choice. I’d recommend them to absolutely anyone. A.B.

I want to give NM Custody & Divorce LLC a HUGE THANK YOU, for your professionalism, but most of all your patience and kindness. My experience with your firm was amazing start to finish, in such a difficult time in...
2017-04-03T10:56:42+00:00
I want to give NM Custody & Divorce LLC a HUGE THANK YOU, for your professionalism, but most of all your patience and kindness. My experience with your firm was amazing start to finish, in such a difficult time in my life, your team made me feel supported not just legally but with your concern. Ms. Burmester is an amazing women and attorney her and your firm have my highest recommendation!!   C.S.