New Mexico Statutes 40-3A-4. Content
A. Parties to a premarital agreement may contract with respect to:
Terms Used In New Mexico Statutes 40-3A-4
- Contract: A legal written agreement that becomes binding when signed.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
(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 interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
(3) the disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
(4) the making of a will, trust, or other arrangement to carry out the provisions of the agreement;
(5) the ownership rights in and disposition of the death benefit from a life insurance policy;
(6) the choice of law governing the construction of the agreement; and
(7) any other matter not in violation of public policy.
B. A premarital agreement may not adversely affect the right of a child or spouse to support, a party’s right to child custody or visitation, a party’s choice of abode or a party’s freedom to pursue career opportunities.