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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 3913
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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My partner and are agreed that should we marry and later

Customer Question

My gay partner and are agreed that should we marry and later divorce, a fair pre-nup here in the state of New Mexico would somehow divide our assets into 2/3 of the value to me, and 1/3 to him. My question is whether such a pre-nup agreement could be accomplished and how would values be determined either before marriage or before divorce.
Submitted: 1 year ago.
Category: Family Law
Expert:  Chris T., JD replied 1 year ago.

texlawyer :

Good evening. I'll be assisting you with your question.

texlawyer :

Prenup agreements can vary in complexity depending on the number of assets and financial situation of the parties involved.

texlawyer :

However, there are several websites that will help you draft one and provide sample forms.

texlawyer :

Below are just a few:

Customer:

Our condo is deeded to me at about $250k, mortgage paid. I also have

Customer:

about 85k in stock assets.

texlawyer :

Your assets right now, while important, are not as important as the language you use to contemplate future assets.

texlawyer :

You should specifically list the assets you now have and how you want them divided up, and address what future assets you could reasonably have, and address those, as well.

texlawyer :

So, you may say, we have XX bank account, as well as any bank accounts we may acquire in the future, to be divided up accordingly...

texlawyer :

My point is this: the assets you have now are easy to divide up, since you know what you have and what you want done with them. The future assets require more thought and careful drafting.

texlawyer :

If it is your intention to have all of your assets divided up 1/3, 2/3, simply state that.

texlawyer :

The key to a prenup (or any contract, for that matter), is making your intentions clear.

Customer:

I am 70 years old and do not expect my assets to grow (a $4,000 monthly pension allows for expenses); however, I must calculate that the condo will

Customer:

appreciate very slowly in NM, and my stock assets will slowly deplete. My partner also expects very little change to his assets in the next 15 years.

texlawyer :

In that case, the prenup should be a relatively simple process. You just need to address your assets directly and how you would like them divided up upon divorce.

Customer:

And my intention is to have assets divided up 1/3, 2/3.

texlawyer :

You should still include a clause indicating your desire to have all of your community property divided up 1/3, 2/3.

Customer:

When you state 'address your assets directly' does this include everything, including the appliances, dishes and silverware?

texlawyer :

Unless there is a need to address them that specifically, no. For example, there may be some valuable silverware that you want divided up a certain way. Generally, household items are not addressed in a prenup. That said, you can be as specific as you want to be. If you want to address who gets the dishwasher, you can certainly do so.

Customer:

And what type of lawyer should I contact for the purpose of writing up a pre-nup? Or do you feel the 'do-it-yourself' websites you've directed me too will suffice?

texlawyer :

Since it sounds like your assets are relatively simple, you can probably just use the websites I have you. If you want to save some money, but have peace of mind, you could draft it using one of the websites and then take it to a local attorney for review. That will be much less expensive than having a lawyer draft one from scratch for you.

Customer:

Thank you.... I will be rating your advice as excellent, as I have a much better understanding of pre-nup agreements. One final question: whatg type of lawyer should I contact for this, family law?

texlawyer :

Yes, a family lawyer.

Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 3913
Experience: I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
Chris T., JD and 6 other Family Law Specialists are ready to help you
Expert:  Chris T., JD replied 1 year ago.
Also, you may find this helpful. http://www.bankrate.com/brm/prenup.asp

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Chris T., JD
Chris T., JD
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I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.