NM · PRENUP · Updated July 2026 · Free
New Mexico Prenuptial Agreement
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New Mexico at a glance: UPAA State: Yes (N.M. Stat. § 40-3A-1) · Governing Law: New Mexico Statutes Chapter 40
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Overview
Prenuptial Agreements in New Mexico
New Mexico community property laws can be overridden by a prenup under the Uniform Premarital Agreement Act (N.M. Stat. § 40-3A-1, et seq.).
Key Facts
New Mexico Prenuptial Agreement — Quick Reference
| Requirement | New Mexico Rule |
|---|---|
| UPAA State | Yes (N.M. Stat. § 40-3A-1) |
| Governing Law | New Mexico Statutes Chapter 40 |
Legal Requirements
New Mexico Legal Requirements
- Must be in writing and signed.
Governing Laws
New Mexico Governing Laws
Read the full text of these laws at Cornell Law School's New Mexico legal resources or your state legislature's official website.
Questions & Answers
New Mexico Prenuptial Agreement — Frequently Asked Questions
Can a New Mexico prenup designate separate property?
Yes, it is the primary way to protect assets from New Mexico's community property laws.