Albuquerque Prenuptial & Postnuptial Agreement Attorneys
Helping Couples Create Legally Enforceable Nuptial Agreements in Santa Fe
Whether you own substantial assets, have children from a previous marriage, or simply want to protect your rights in the event of a divorce, having a prenuptial or postnuptial agreement in place can provide couples with lasting peace of mind and protection. If you’re considering a prenup or postnup in Albuquerque, our nuptial agreement lawyers can help you create an enforceable document that meets your specific needs.
At Batley Riley Family Law, our attorneys bring decades of experience to every case and have a deep understanding of New Mexico law. We represent individuals from all walks of life, from professional athletes to celebrities to stay-at-home parents. Our firm exclusively focuses on family law, giving you peace of mind that your financial future is in trusted hands.
Whether you own a business or have significant assets, our nuptial agreement attorneys can help you protect your financial future in Albuquerque. Contact us online to discuss your case.
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“I highly recommend the Batley team. Family law proceedings can be emotionally taxing, but Lauren makes her clients feel seen and heard. I recommend Lauren to all my friends and family.”- Noell H.
Prenup & Postnuptial Agreement FAQs
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A nuptial agreement is a written contract between spouses or future spouses that outlines how certain matters, such as property, finances, and debt, will be handled during the marriage or in the event of a divorce.
Entering into a prenuptial or postnuptial agreement does not mean that divorce is inevitable, but is a proactive step toward safeguarding your future. These legal documents are designed to provide clarity, protect each party’s interests, and help avoid future legal disputes.
There are two primary types of nuptial agreements:
Prenuptial Agreements
A prenuptial agreement is a legal contract prepared by couples prior to their marital union. Prenups can address a variety of issues and clarify each spouse’s financial rights and responsibilities during the marriage, such as how certain property will be allocated in the event of a divorce.
Common topics covered in prenups include:
- Entitlement to life insurance benefits
- The disposition of assets at death or divorce
- A commitment to draft a will to fulfill the terms of the agreement
- The obligations of each spouse regarding income, debts, or assets
- Each spouse’s rights to property owned by one spouse before the marriage
Postnuptial Agreements
While a prenuptial agreement is signed before marriage, a postnuptial agreement is signed after a couple is already married, whether due to changing circumstances or post-honeymoon realities. This document is intended to provide asset protection and clarify a couple’s financial intentions.
Common topics covered in postnuptial agreements include:
- Spousal support terms
- The division of marital debts
- Death provisions that formalize the execution of wills
- Property division, such as real estate, investment holdings, stocks, and bonds
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For a postnuptial agreement to be legally valid and enforceable, it must meet certain requirements. These include:
- In writing. The agreement is in writing and signed by both parties.
- Notarization. The agreement is properly notarized.
- Voluntary execution. The contract was voluntarily entered into without coercion or duress.
- Full disclosure. Assets and debts are fully disclosed at the time of the agreement.
- Fair and reasonable terms. The agreement cannot be unconscionable, one-sided, or otherwise unfair to one spouse.
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No. While nuptial agreements can cover financial matters like property division and spousal support, they cannot include any child support or child custody terms. Family courts determine these decisions and always prioritize the best interests of the child.
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Many assume that you only need a prenuptial agreement if you are wealthy or have concerns about the longevity of your marriage, but this is not the case. Creating a prenuptial agreement can lay the groundwork for a successful marriage while providing couples with financial clarity, protection, and peace of mind.
Below are some important reasons to consider creating a prenuptial agreement:
- One or both spouses have substantial assets. If you or your spouse has substantial assets, a prenuptial agreement can help you retain your fair share in the event of a high-asset divorce.
- One or both spouses own a business. If you or your spouse owns a business, a prenup can set specific terms regarding the ownership or transfer of business shares following a divorce.
- One spouse has children from a previous marriage. For blended families, a prenup can help ensure that children receive the inheritance that is planned for them.
- One spouse is a stay-at-home parent. If one partner plans to be a stay-at-home parent, a prenup can provide financial certainty and recognition for their contributions, even if they are not earning income.
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Yes, it’s possible to modify a prenuptial agreement after marriage. Under NM Stat. § 40-3A-6, the modified agreement must meet the same legal requirements as the original prenup: both spouses must agree to the changes in writing, and the amended prenup must be voluntary, fair, and properly signed. Our firm can review your current agreement, advise on necessary updates, and help you create a legally sound prenup that protects your interests and complies with New Mexico law.
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Yes. New Mexico law treats same-sex and heterosexual couples equally when it comes to marriage and marital agreements. Our attorneys are well-versed in the unique legal challenges of same-sex marriage and LGBTQIA divorce to guide your steps wisely.
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You shouldn’t settle for a one-size-fits-all approach.
You deserve a plan designed just for you.
Do I Need a Lawyer to Create a Prenup or Postnup Agreement?
While New Mexico does not strictly require couples to have a lawyer for postnups or prenups, it is highly recommended to ensure the validity and enforceability of the agreement. Some important reasons to work with our nuptial agreement attorneys include:
- Drafting the agreement. We can help you draft a legally sound and tailored agreement that meets your unique needs and goals.
- Protecting your interests. Our lawyers can negotiate fair terms to safeguard your assets and financial interests.
- Avoiding pitfalls. A prenup or postnup can be challenged in court for a variety of reasons. Legal guidance can help you avoid the hassle of returning to court.
- Fairness and disclosure. Our attorneys can help prevent you from being taken advantage of due to preventable pitfalls.
Enjoy financial clarity and peace of mind with compassionate counsel from our nuptial agreement lawyers. Call (505) 576-7296 to schedule a consultation.
Why Choose Batley Riley Family Law?
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We Are Committed to Your Success
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We Empower You to Make the Right Choices
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You Will Have Your Questions Answered
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We Will Help You Find Your Way Forward
