New Mexico > Statewide > Domestic Relations
Verified Marital Settlement Agreement (Simple) 4A-311 - New Mexico
| Verified Marital Settlement Agreement (Simple) Form. This is a New Mexico form and can be used in Domestic Relations Statewide . |
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DOMESTIC RELATIONS FORMS Supreme Court Approved 4A-311 November 1, 2002 1 4A-311 2 3 STATE OF NEW MEXICO 4 COUNTY OF ____________________________ 5 ____________________ JUDICIAL DISTRICT 6 7 8 _____________________________________ 9 Petitioner 10 11 v. No. ______________ 12 13 _____________________________________ 14 Respondent 15 116 VERIFIED MARITAL SETTLEMENT AGREEMENT 2 17 (simple) 18 19 _________________________ (husbands name) and20 _______________________ (wifes name) are married. We agree21 to this entire agreement. We will each follow this 22 Agreement beginning on the day we both sign it. We 23 understand that the judge may make changes to this agreement 24 and that we must comply with any changes made. 25 2 26 PROPERTY WE ARE DIVIDING 27 28 Anything that one of us buys after we have both signed 29 this agreement will belong only to that person. Any money 30 that one of us borrows after we have both signed this 31 agreement will be the debt of, and owed by, that person 32 only. We understand that this agreement may not bind 3 33 creditors . 34 35 1. Property. We have divided all of our property that we 36 know about between us. We attach a Property List 37 (Attachment A) showing property that we are keeping so 38 that we have a written list of the items we have 39 divided. 40 41 (Choose either A or B) 42 43 [ ] A. Each of us already has possession of all the 44 personal property (such as clothing, furniture or 45 artwork) that we each expect to receive. All 46 assets that list one of us as owner are in the 47 name of the person who is entitled to receive 48 them. 49 50 [ ] B. We will make sure that each of us has our own 51 property by _______________ (date) . <<<<<<<<<********>>>>>>>>>>>>> 2 DOMESTIC RELATIONS FORMS Supreme Court Approved 4A-311 November 1, 2002 3 1 DEBTS WE ARE DIVIDING 2 3 1. Debt. Any debt not listed is the responsibility of 4 the person who created it. Each of us will 5 pay debts we created before our marriage, 6 unless we state differently here. 7 8 (Choose A or B) 9 10 [ ] A. We have no debt from our marriage. 11 12 [ ] B. We attach a debt list (Attachment A) showing 313 the debts we each will pay. 14 4 15 2. Credit cards and charge cards . Each of us will turn16 in and cancel all joint credit cards or we will have 17 the credit card company take the other persons name 18 off of the account. 19 20 3. Taxes. Each of us will file separate returns for this 21 tax year. We will share information necessary to 22 correctly file our income tax returns. We will get the 5 23 help we need to file our taxes. 24 25 4. Problem with tax returns. If any of our returns that26 we filed together are audited or contested, we will 27 meet to decide what to do. If we cannot decide who 28 pays the taxes owed or who gets any refund, we will ask 29 a judge to decide at the time the problem comes up. 30 31 5. Legal promise. Each of us makes the following legal 32 promise: Our debts have been divided in a fair way. I 33 will pay the debts listed under my name on the debt 34 list. If I dont, my spouse may be forced to make that 35 payment. I must pay back my spouse for that payment 36 and other extra costs, such as lawyer fees, spent by my 37 spouse because I failed to pay. 38 39 OTHER STATEMENTS BY PARTIES 40 41 1. Good faith disclosure. I, the husband, and I, the42 wife, state under oath that we have disclosed all 43 assets and debts that we are aware of. We discussed 44 and exchanged documents giving important information 45 about the issues in this agreement. Each of us has 46 relied on that information. 47 48 2. Documents. We will each sign the documents we need to 49 divide the property. 2 <<<<<<<<<********>>>>>>>>>>>>> 3 DOMESTIC RELATIONS FORMS Supreme Court Approved 4A-311 November 1, 2002 6 1 3. Future issues. 2 3 A. Completing the agreement. If: 4 5 (1) one of us does not do what we said in this 6 agreement; or 7 8 (2) we cannot agree on what this agreement says, 9 either of us may ask the judge to decide the 10 issue. The judge may make one party pay 11 costs such as attorney fees. 12 13 B. Things left out of the agreement. If we forgot or14 failed to list any property or debt, we will seek 15 the help we need in order to include the property 6 16 or debt in our agreement. 17 18 4. Final agreement. After signing this agreement, neither 19 of us can later claim that we agreed to something 20 different from either 21 22 A. what is in this agreement; or 23 24 B. a signed written change. 25 26 VERIFICATION 27 28 When I sign here, I am telling the judge, under oath 29 and penalty of perjury, that: 30 31 I have read this agreement and agree with everything in 32 it; 33 34 I have read the warnings and cautions listed in this 35 agreement; 36 37 I have gotten the help I needed before signing this 38 agreement; and 39 40 this document and the statements in it are true and 41 correct to the best of my knowledge and belief. 42 43 I understand that I can be punished both civilly and 44 criminally if any information in this agreement is false. 45 46 __________________________ __________________________47 Husbands signature Wifes signature 48 49 Address: __________________ Address: _________________ 3 <<<<<<<<<********>>>>>>>>>>>>> 4 DOMESTIC RELATIONS FORMS Supreme Court Approved 4A-311 November 1, 2002 1 ___________________________ __________________________ 2 3 Telephone:________________ Telephone: _______________ 4 5 STATE OF NEW MEXICO ) 6 COUNTY OF _____________ ) ss. 7 8 Acknowledged, signed and sworn to before me this _____ day 9 of _____________, _____ by ______________________, the 10 husband. 11 12 ________________________________ 13 Notary public 14 _________________________________ 15 My commission expires: _______________________. 16 17 STATE OF NEW MEXICO ) 18 COUNTY OF _____________ ) ss. 19 20 Acknowledged, signed and sworn to before me this _____ day 21 of _____________, _____ by ______________________, the wife. 22 23 ________________________________ 24 Notary public 25 26 My commission expires: _______________________. 27 28 ATTACHMENT A 29 PROPERTY LIST 30 (Attach separate page if needed.) 31 Each of us lists the property we are keeping so that we 32 have a written history of the items we have divided. (List33 all items over two hundred fifty dollars ($250.00) that you 34 own such as bank accounts, appliances or furniture. Do not 35 use this form if you have a retirement account. 36 Husband Wife 37 Item Value Item Value 38 39 1. __________ _________ _
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