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Prenuptial Agreements 2018-04-26T17:50:05+00:00
Attorney for Prenuptial Agreements in Albuquerque NM

Prenuptial Agreement Attorney in Albuquerque, New Mexico

Prenuptial agreements, or simply a prenup, are agreements entered into by couples prior to getting married. It gives them a security blanket in the event of a divorce. These agreements are very popular among couples these days, as the statistics of failed marriages continue to rise.

A premarital agreement is a written contract that addresses everything from the rights and responsibilities of each party during the marriage to the division of properties and debts when it ends. To be enforceable, the agreement has been signed upon by both parties. It should also pass the court’s scrutiny when the time comes for it to be enforced.

If you want to get married, getting a prenup may be a good decision. Doing so is like thinking years into the future and protecting your children in the process. It also assures you of financial security because whatever was defined in the agreement will be enforced in the future. It’s a good way to get both parties involved in setting the rules of the divorce now instead of relying on the wisdom of a judge.

Also, making prenuptial agreements when both of you are in love and have a genuine concern for each other makes perfect sense.  Advocates New Mexico can help you write up a prenuptial agreement that passes all court requirements and covers all bases. We have an experienced family attorney in Albuquerque, NM qualified and experienced to help you with your needs.

Coverage of Prenuptial Agreements

There are many things that a prenuptial agreement can cover but what it can’t touch are matters relating to child custody, child support, and alimony. The court won’t honor anything that determines who will get custody of the children when divorce happens, even if it’s written there. These matters will be decided by the court during the time of the divorce and not prior to the marriage, as a lot of things may have happened since then.

What the agreement could cover are things involving the couple’s rights to properties that they owned separately. It also can define how their assets will be divided once the marriage is dissolved. Community income and other financial concerns will be covered as well.

A prenuptial agreement is generally accepted and enforced by the law as long as it meets certain conditions during the time of writing. For one, the couples should be in the right age and mental capacity when they voluntarily entered into and signed the agreement. The prenup details should also be fair to both parties, meaning both parties have adequate knowledge of each other’s finances at the time of writing. Otherwise, the agreement may be contested for fraud. Furthermore, a prenuptial agreement is disregarded if the marriage is deemed null and void by the court.

Advocates New Mexico can help you write a prenuptial agreement that would benefit both parties, give you the security that you want, and ensure the future of your children. Consult with us and let us know what things you want to include in your agreement. We’ll go through each matter together and discuss its present and future implications. We promise to deliver sound legal advice and guidance on all types of prenuptial agreements.