Prenuptial agreements are contracts created by couples prior to marriage. Postnuptial agreements are created after the marriage. Both agreements can contain terms regarding such things as how property will be held during the marriage and upon divorce. The agreement could also address debt obligations, retirement and pension benefits and how the couple with share financial resources. Some couples also elect to enter into such agreements if they have children from a previous marriage and they want to protect certain assets for them.
Although the parties may reach various agreements in advance of marriage and/or divorce, New Mexico courts will not uphold an agreement that either violates New Mexico law or public policy. New Mexico courts are also highly unlikely to enforce an agreement that was created under undue influence or duress or is otherwise unfair.
The Galloway Legal Group is available for consultations to assist you in creating a legally valid prenuptial or postnuptial agreement, or to help you defend against one that was created under either undue influence or duress.
Contact the Galloway Legal Group today at (505) 503-8970, or EMAIL us for an appointment.