STATE GUIDE · UPDATED 2026
Every OurPrenup agreement is built for the laws where you live.
Start your New Mexico prenupYes — prenuptial agreements are legally enforceable in New Mexico under the Uniform Premarital Agreement Act (UPAA) (N.M. Stat. Ann. § 40-3A-1). To be valid, the agreement must be in writing, signed voluntarily by both partners, and made with fair financial disclosure. It must be notarized, and both partners should have a real opportunity to review it well before the wedding.
Most property acquired during the marriage is owned 50/50 unless your agreement says otherwise.
Yes. New Mexico enforces prenuptial agreements under the Uniform Premarital Agreement Act (UPAA). The governing law is N.M. Stat. Ann. § 40-3A-1. The agreement must be in writing and signed by both partners, entered into voluntarily, and made with fair financial disclosure.
Yes. New Mexico requires prenuptial agreements to be notarized. Both partners sign in front of a notary, who verifies identity and applies their seal.
No — New Mexico does not require witnesses for a prenuptial agreement. Both partners' signatures and notarization are what matter.
No — New Mexico does not require either partner to hire a lawyer for a valid prenup. Independent review is still recommended, and every OurPrenup agreement documents that both partners had the opportunity to seek counsel.
Yes. New Mexico is a community property state — without an agreement, most property acquired during the marriage is owned 50/50. A prenup lets you set your own rules for what stays separate and what is shared.
No. New Mexico does not allow prenuptial agreements to modify or waive spousal support — N.M. Stat. Ann. § 40-3A-4(B) prohibits adverse modification of a spouse's right to support. Rivera v. Rivera (2010) confirmed this prohibition. OurPrenup automatically leaves support to state law in New Mexico agreements.
Each partner must make a fair and reasonable disclosure of their assets, debts, and income before signing. Hiding assets is the fastest way to make a prenup unenforceable in New Mexico. OurPrenup builds sworn financial disclosure schedules for both partners into every agreement.
New Mexico has no fixed statutory deadline, but signing well before the wedding matters: agreements signed days before a wedding are the easiest to attack as pressured. Most attorneys recommend having the agreement finished at least 30 days before the wedding.
Attorney-drafted prenups in New Mexico commonly run $1,500–$5,000+ per couple. OurPrenup is a flat $599 per couple for a complete New Mexico-specific prenuptial agreement, financial disclosure schedules for both partners, a plain-language summary, and step-by-step New Mexico signing instructions — with optional online e-sign and notarization for $50.
Both parties review the final prenuptial agreement and all attached financial schedules.
Both parties sign the prenuptial agreement.
Have the agreement acknowledged (notarized) as required by N.M. Stat. Ann. § 40-3A-3.
Keep the original signed agreement in a safe location. Provide copies to both parties and their attorneys.
3 people total at signing
This guide is general information about New Mexico law, not legal advice. For advice on your specific situation, consult a licensed attorney in New Mexico. See our full legal disclaimer.
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