New Mexico law permits a couple contemplating marriage to enter into a contract prior to the marriage known as a prenuptial agreement or a premarital agreement.
It is also sometimes referred to as an antenuptial agreement. This agreement is usually sought by one or both partners to be able to protect property or assets from the potential claims of division of property if a divorce occurs down the road.
Historically, the most common situation for a prenuptial agreement was one in which one or both of the spouses had children and wanted to preserve all or some of the property they owned prior to the new marriage for their children from a prior marriage. Today, there can be other reasons, including a desire to record, prior to the marriage, an agreement as to what separate property existed and its value prior to the marriage.
A postnuptial agreement can have the same purposes as a prenuptial agreement, except it is signed after the marriage. Assuming these documents are properly prepared and executed, these agreements are usually enforceable and difficult to break.
For more information our book Divorce in New Mexico is available for $14.95 on the homepage of our website.