New Mexico is a community property state. All income and assets acquired during marriage belong equally to both spouses under New Mexico’s community property system. Separate property — owned before marriage or received by gift or inheritance — must be kept clearly separate to retain its character. A prenup can reinforce separate property status, modify the default community rules, and address how appreciation on pre-marital assets is treated.
Your Clause prenup explicitly defines which property is separate and which is marital, overriding New Mexico's default 50/50 community property split with terms you both agree on.
Attorney-drafted prenups typically cost $5,000 to $20,000 combined. Here's how Clause compares:
Yes. New Mexico has adopted the Uniform Premarital Agreement Act (NMSA § 40-3A-1 et seq.), which sets clear standards for enforcement. Courts uphold prenups that are in writing, signed by both parties with full financial disclosure, and free from fraud, duress, or unconscionable terms.
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