by admin | May 17, 2021 | Family Law, New Mexico
The Uniform Premarital Agreement Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of that act among states enacting it.NMS § 40-3A-10Laws 1995, ch. 61, § 10.
by admin | May 17, 2021 | Family Law, New Mexico
Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel,...
by admin | May 17, 2021 | Family Law, New Mexico
If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result. NMS § 40-3A-8Laws 1995, ch. 61, § 8.
by admin | May 17, 2021 | Family Law, New Mexico
A. A premarital agreement is not enforceable if the party against whom enforcement is sought proves that: (1) that party did not execute the agreement voluntarily; or (2) the agreement was unconscionable when it was executed and, before execution of the agreement,...
by admin | May 17, 2021 | Family Law, New Mexico
After marriage, a premarital agreement may be amended or revoked only by a written agreement signed and acknowledged by the parties or by a consistent and mutual course of conduct, which evidences an amendment to or revocation of the premarital agreement. The amended...
by admin | May 17, 2021 | Family Law, New Mexico
A premarital agreement becomes effective upon marriage. NMS § 40-3A-5Laws 1995, ch. 61, § 5.
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