Section 40-3A-1 – Short title.

This act [40-3A-1 to 40-3A-10 NMSA 1978] may be cited as the “Uniform Premarital Agreement Act”. History: Laws 1995, ch. 61, § 1.

Section 40-3A-10 – Application and construction.

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. History: Laws 1995, ch. 61, § 10. ANNOTATIONS Severability. — Laws 1995, ch. 61, § 11 provided that if any provision of the […]

Section 40-3A-2 – Definitions.

As used in the Uniform Premarital Agreement Act: A. “premarital agreement” means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage; and B. “property” means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings. History: Laws 1995, […]

Section 40-3A-3 – Formalities.

A premarital agreement must be in writing, signed by both parties and acknowledged. It is enforceable without consideration. History: Laws 1995, ch. 61, § 3.

Section 40-3A-4 – Content.

A. Parties to a premarital agreement may contract with respect to: (1) the rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located; (2) the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security […]

Section 40-3A-5 – Effect of marriage.

A premarital agreement becomes effective upon marriage. History: Laws 1995, ch. 61, § 5.

Section 40-3A-6 – Amendment; revocation.

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 agreement or the revocation is enforceable without consideration. History: Laws 1995, ch. […]

Section 40-3A-7 – Enforcement.

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, that party: (a) was not provided a fair and reasonable disclosure of the […]

Section 40-3A-8 – Enforcement; void marriage.

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. History: Laws 1995, ch. 61, § 8.

Section 40-3A-9 – Limitation of actions.

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, are available to either party. History: Laws 1995, ch. 61, § 9.