Postnuptial 
Agreement Lawyers in New Mexico

Postnuptial Agreements

After a couple gets married, sometimes they want to clarify what property is a community asset or debt, and what is the separate property or debt of each spouse. In some cases, this happens when the relationship gets rocky and the couple is considering getting divorced, but are not ready to give up on the marriage completely.

A postnuptial agreement can address issues of:

• Property
• Debt
• Alimony
• Retirement benefits

A postnuptial 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 legal counsel, and nobody is forced to sign the postnuptial agreement.

Reasons Why You Need a Postnuptial Agreement

Postnuptial agreements have increased in popularity over the years and are typically designed to protect assets and money in a divorce. Couples tend to consider creating this legal document when they are in a state of crisis or have concerns about whether their marriage will be able to survive. 

Here are some of the signs that you may need to consider a postnuptial agreement:

• You or your spouse is wealthy: If you or your spouse is particularly wealthy and suspect your marriage may be in a bit of trouble, this is a good reason to start talking about a postnuptial agreement to protect these assets. Even if both of you are wealthy, having this agreement in place will ensure you each leave the marriage with whatever you brought into it.
• A business is involved: If you or your spouse has a business, this is an asset you can also protect with a postnuptial agreement. Otherwise, the business will be subject to division, which may not be what either party wants.
• There are children from a previous relationship: If you have a comingled family, you can use your postnuptial agreement to also ensure your children receive the inheritance you wish for them to have. 
• You changed your mind about wanting a prenuptial agreement: Now that you are married, you cannot get a prenuptial agreement, but you can get a postnuptial agreement if your spouse is on board with it. A lot of couples do not get prenuptial agreements because they want to avoid an uncomfortable conversation and change their minds after they have had a chance to settle into married life.

Even if your marriage is not in trouble, creating a postnuptial agreement can be beneficial for both partners and eliminate the possibility of an expensive and hostile divorce. With an effective postnuptial agreement in place, you will both know who receives certain assets, leaving little opportunity for arguments.

Schedule a Consultation with Our Experienced Family Lawyer to Get Started on Creating a Postnuptial Agreement!

At NM Divorce & Custody Law, LLC in New Mexico, our family law team can provide the assistance you need to create a postnuptial agreement that protects your best interests. With our law firm on your side, you can achieve the peace of mind you need when drafting this important document.

Reach out to our law office today at (505) 431-4716 to schedule a consultation with a member of our team to get started.