STATE OF NEW MEXICO
COUNTY OF ____________________________
____________________ JUDICIAL DISTRICT

_____________________________________
Petitioner

v.                            No. ______________

_____________________________________
Respondent

    _________________________ (husband's name) and _______________________ (wife's name) are married. We agree to this entire agreement. We will each follow this Agreement beginning on the day we both sign it. We understand that the judge may make changes to this agreement and that we must comply with any changes made.

PROPERTY WE ARE DIVIDING2

    Anything that one of us buys after we have both signed this agreement will belong only to that person. Any money that one of us borrows after we have both signed this agreement will be the debt of, and owed by, that person only. We understand that this agreement may not bind creditors3.

1.     Property. We have divided all of our property that we know about between us. We attach a Property List (Attachment A) showing property that we are keeping so that we have a written list of the items we have divided.

(Choose either A or B)

    [ ]    A. Each of us already has possession of all the personal property (such as clothing, furniture or artwork) that we each expect to receive. All assets that list one of us as owner are in the name of the person who is entitled to receive them.

    [ ]    B. We will make sure that each of us has our own property by _______________ (date).

DEBTS WE ARE DIVIDING3

1.     Debt.    Any debt not listed is the responsibility of

the person who created it. Each of us will pay debts we created before our marriage, unless we state differently here.

(Choose A or B)

    [ ]    A.    We have no debt from our marriage.

    [ ]    B.    We attach a debt list (Attachment A) showing the debts we each will pay.3

2.     Credit cards and charge cards4. Each of us will turn in and cancel all joint credit cards or we will have the credit card company take the other person's name off of the account.

3.     Taxes. Each of us will file separate returns for this tax year. We will share information necessary to correctly file our income tax returns. We will get the help we need to file our taxes.5

4.     Problem with tax returns. If any of our returns that we filed together are audited or contested, we will meet to decide what to do. If we cannot decide who pays the taxes owed or who gets any refund, we will ask a judge to decide at the time the problem comes up.

5.     Legal promise. Each of us makes the following legal promise: Our debts have been divided in a fair way. I will pay the debts listed under my name on the debt list. If I don't, my spouse may be forced to make that payment. I must pay back my spouse for that payment and other extra costs, such as lawyer fees, spent by my spouse because I failed to pay.

OTHER STATEMENTS BY PARTIES

1.     Good faith disclosure. I, the husband, and I, the wife, state under oath that we have disclosed all assets and debts that we are aware of. We discussed and exchanged documents giving important information about the issues in this agreement. Each of us has relied on that information.

2.     Documents. We will each sign the documents we need to divide the property.

3.     Future issues.6

    A.     Completing the agreement. If:

        (1)    one of us does not do what we said in this agreement; or

        (2)    we cannot agree on what this agreement says, either of us may ask the judge to decide the issue. The judge may make one party pay costs such as attorney fees.

    B.     Things left out of the agreement. If we forgot or failed to list any property or debt, we will seek the help we need in order to include the property or debt in our agreement.6

4.     Final agreement. After signing this agreement, neither of us can later claim that we agreed to something different from either

    A.    what is in this agreement; or

    B.    a signed written change.

    I have read this agreement and agree with everything in it;

    I have read the warnings and cautions listed in this agreement;

    I have gotten the help I needed before signing this agreement; and

    this document and the statements in it are true and correct to the best of my knowledge and belief.

    I understand that I can be punished both civilly and criminally if any information in this agreement is false.

__________________________    __________________________
Husband's signature            Wife's signature

Address: __________________    Address: _________________
___________________________    __________________________

Telephone:________________    Telephone: _______________

STATE OF NEW MEXICO            )

COUNTY OF _____________        ) ss.

Acknowledged, signed and sworn to before me this _____ day of _____________, _____ by ______________________, the husband.

________________________________
Notary public
_________________________________
My commission expires: _______________________.

STATE OF NEW MEXICO            )
COUNTY OF _____________        ) ss.

Acknowledged, signed and sworn to before me this _____ day of _____________, _____ by ______________________, the wife.

________________________________
Notary public

My commission expires: _______________________.

1. __________    _________        ____________    ________

2. __________    _________        ____________    ________

3. __________    _________        ____________    ________

4. __________    _________        ___________    ________

Creditor and last four numbers of the account4    Amount

1. __________________________________________    $________

2. __________________________________________    $________

3. __________________________________________    $________

4. __________________________________________    $________

Wife's debt. I, the wife, will pay these debts, including credit cards:

Creditor and last four numbers of the account4    Amount

1. __________________________________________    $________

2. __________________________________________    $________

3. __________________________________________    $________

4. __________________________________________    $________

    1.    This form becomes part of the order of the court when the Final Decree of Dissolution of Marriage form is signed by the judge. Use Domestic Relations Form 4A-312 instead of this form if:
            (a)    the parties are going to divide a retirement plan;
            (b)    the parties jointly own a home, mobile home, car or other motor vehicle; or
            (c)    one of the parties will receive spousal support.

    2.    Do not use this form if either or both of the parties have a retirement plan that is to be divided, or if the parties jointly own a home, mobile home, car or other motor vehicle or if one of the parties will receive spousal support.

    3.    This agreement does not affect the rights of creditors even when approved by the court as part

of the final decree. See an attorney if you have questions about separate and community debts and separate and community property.

    4.    This document is a public document. Do not list the full account number for any credit card or other loan information that you would not want to make public.

    5.    There can be serious tax consequences resulting from certain divisions of assets or debts and spousal support. See a tax professional for questions you may have.

    6.    See an attorney if difficult problems arise later.

[Approved, effective November 15, 2002.]