It is the intent of the parties that the agreement be enforced to the form
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- 1 - AM EN DM EN T T O P R EM ARIT A L A G REEM EN T TH IS A GREEM EN T, m ad e t h is _ ____ d ay o f _ _ ____________, 2 0____, b etw een _ _____ ________________ ________ (“ W if e ") an d ____________________________,
(" H usb an d"), b oth h ere in r e fe rre d t o a s “ P artie s” .W HER EA S, t h e P artie s e n te re d i n to a p re m arita l a g re em en t o n t h e d ay o f ,
; a n d
W HER EA S, t h e P artie s m arrie d o n t h e d ay o f , ; a n d W HER EA S, th e P artie s d esir e to a m en d p ortio ns o f th e p re m arita l a g re em en ts f o r th e b est
in te re st o f a ll i n volv ed . N OW , T H ER EFO RE, in co nsid era tio n o f th e p artie s an d o f th eir m utu al p ro m is e s an d
ag re em en ts , t h ey a g re e o ne w ith t h e o th er a s f o llo w s: (1 ) Excep t a s o th erw is e p ro vid ed i n t h is a g re em en t, t h e p re m arita l a g re em en t r e fe re n ced
ab ove a n d a ll p ro vis io ns c o nta in ed t h ere in , s h all r e m ain a n d f u ll f o rc e a n d e ffe ct.( 2 ) The Partie s here b y am en d th e pre m arita l ag re em en t, or ad d su pple m en ta ry
pro vis io ns t o t h e a g re em en t a s f o llo w s:(a ) [in se rt d esir e d a m en dm en t o r a d ditio n] ( b ) [in se rt d esir e d a m en dm en t o r a d ditio n](c ) [in se rt d esir e d a m en dm en t o r a d ditio n] ( 3 ) This a g re em en t s h all b e c o ntr o lle d , c o n str u ed a n d g iv en e ffe ct b y a n d u nder t h e l a w s
of th e S ta te o f N ew M ex ic o . It is th e in te n t o f th e p artie s th at th e A gre em en t b e e n fo rc ed to th e
fu lle st e x te n t p erm is sib le u nder a p plic ab le la w s a n d p ublic p olic ie s. T he in valid ity , ille g ality , o r
un en fo rc eab ility o f a n y p artic u la r p ro vis io n o f th is A gre em en t s h all n ot a ffe ct th e o th er p ro vis io ns,
an d th is A gre em en t s h all b e c o nstr u ed in a ll re sp ects a s if s u ch in valid , ille g al, o r u nen fo rc eab le
- 2 - pro vis io n h ad b een o m itte d . ( 4 ) No su pple m en t, m odif ic atio n o r am en dm en t o f th is A gre em en t sh all b e b in din g
un le ss e x ecu te d i n w ritin g b y a ll p artie s. (5 ) No w aiv er o f a n y p ro vis io n o f t h is A gre em en t s h all b e d eem ed , o r s h all c o nstitu te , a
wa iv er o f a n y o th er p ro vis io n, w heth er o r n ot s im ila r, n or s h all a n y w aiv er c o nstitu te a c o ntin uin g
waiv er. N o w aiv er s h all b e b in din g u nle ss e x ecu te d i n w ritin g b y t h e p arty m ak in g t h e w aiv er. (6 ) This A gre em en t m ay b e e x ecu te d in a n y n um ber o f c o pie s, e ach o f w hic h s h all b e
de em ed a n o rig in al a n d n o o th er c o p y n eed b e p ro duced . A ll p ro nouns a n d a n y v aria tio ns th ere o f
sh all b e d eem ed to r e fe r to th e m asc u lin e, f e m in in e, n eu te r, s in gula r o r p lu ra l a s th e id en tity o f th e
pe rs o n o r p ers o ns m ay r e q uir e . (7 ) This A gre em en t s h all b e b in din g u pon th e p artie s h ere to a n d u pon th eir re sp ectiv e
ex ecu to rs , a d m in is tr a to rs , l e g al r e p re se n ta tiv es, s u ccesso rs , a n d a ssig ns. (8 ) This a g re em en t m ay o nly b e a m en ded o r r e v oked b y w ritte n a m en dm en t s ig ned b y
bo th p arti e s. (9 ) Each p arty f u rth er a g re es a n d a ffir m s a s f o llo w s: (a ) That t h e p arty d id e x ecu te t h e a g re em en t v olu nta rily ; a n d(b ) That t h is a g re em en t i s n ot u nco nsc io nab le w hen i t w as e x ecu te d ; a n d(c ) Both p artie s a re fu lly a w are o f th e p ro perty o r fin an cia l o blig atio ns
of t h e o th er p arty ;(d ) That h e an d sh e d id h av e, o r re aso nab ly co uld n ot h av e h ad , an
ad eq uate k now le d ge o f t h e p ro perty o r f in an cia l o blig atio ns o f t h e o th er p arty .
- 3 - IN W IT N ESS W HER EFO R, th e partie s here b y ex ecu te th is ag re em en t in se v era l
co unte rp arts , a n y e x ecu te d c o py o f w hic h s h all b e c o nsid ere d f o r a ll p urp ose s a s a n o rig in al, o n th e
da y a n d y ear a b ove w ritte n . _ ___________________________ H USB A ND_____________________________W IF E A ppro ved :A tto rn ey f o r F ir s t P arty : _ __ ________________________________ A tto rn ey f o r S eco nd P arty : _ ______________________ __________ N ote : T his a g re em en t m ust b e e x ecu te d b efo re a n ota ry p ublic . STATE OF COUNTY OF This instrument was acknowledged before me on (date) by
and (name of
person(s)).
___________________________________Notary Public, State of Printed Name: Commission Expires:
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FAQs
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This phrase signifies that all parties involved in the agreement are committed to ensuring its enforcement. It establishes a mutual understanding that the terms outlined in the document are binding and should be upheld. Understanding this intent is crucial for effective contract management.
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