You’ve heard all about the advantages of having prenuptial agreements and now you’re ready to write one. But first, it is important that you know the laws that govern these agreements. A prenup is a contract that is entered into by two individuals who are planning to get married. They should enter into it voluntarily and full disclosure by both parties is required.
A person shouldn’t be forced to sign a prenuptial agreement. If he or she is, that the contract is void and cannot be enforced. Fraud is also a reason why a prenup agreement becomes unenforceable. Both parties should be aware of each other’s assets and liabilities when the agreement is made.
Clearly, a prenuptial agreement has a lot of legal requirements. Couples are highly encouraged to consult with an attorney with experience in family law in Albuquerque, NM if they’re planning to write one. Your lawyer should be able to guide you in drafting a prenup that will be honored by the courts of New Mexico.
Things to Include in Prenuptial Agreements
With the guidance of a family law attorney, couples may define how their properties are going to be divided in their prenuptial agreement. Each of them can declare each other’s rights to the properties that they owned separately. This includes properties that they acquired prior getting married and the ones they got during the course of the marriage.
Prenuptial agreements can also say how these assets should be divided, in case of death or divorce. The right of each spouse to buy, sell, lease, transfer, or control any property involved may also be stated in there. Even the management of debts may be included.
Other matters relevant to the divorce, may also be discussed. It cannot, however, define issues involving the children or alimony. The court will not honor anything related to child custody and support, even if it is written in the agreement. The court maintains that these matters should be decided upon only during the time the marriage is dissolved and not before. Many things could have happened between the time the agreement was drafted and the day of the divorce. What’s included in there may no longer serve the best interest of the child.
There many other limitations to a prenuptial agreement. For example, any topic included in there that would violate the public policy of New Mexico will be stricken out. Talk to a trusted family attorney in Albuquerque, NM to know all about this.
Writing a prenuptial agreement is highly recommended for all couples. With the rising number of marriages ending in a divorce, the security and protection that prenuptial agreements provide proves to be helpful. Just be sure that the contract you’ve drafted stands up in court. This is why you have to visit a reputable family law firm in Albuquerque, NM before doing anything. Because you’ll never know what the future holds, it is best that you are well informed of your rights under the laws of New Mexico.