DO NOT FILE THIS PAGE: FOR PARTY USE ONLY
USE NOTES
1. A marital settlement agreement must be filed in every dissolution of marriage
cause. See Forms 4A-100, -200, and -300 NMRA for additional information about completing
and filing this form.
2. It is highly recommended that you consult with an attorney. Whether property is
separate or community is a complicated issue. There can be serious consequences, including tax
consequences, for the division of property and for not properly transferring property, including
retirement accounts. You may need separate documents to transfer divided property.
3. To transfer land, a building or a home other than a mobile home, the parties must
prepare, sign and record a deed in the real property records where the property is located. To
transfer a mobile home, contact the Motor Vehicle Division.
4. If both parties are listed on the mortgage, you must seek lender approval to
remove the moving spouse from the mortgage and from responsibility for payment.
5. If the parties are going to divide a retirement plan, contact the retirement plan
before completing and filing this form. Depending on the plan, a QDRO may be necessary. If
the parties cannot agree on the terms of the QDRO, they should request a hearing.
6. CAUTION: You may want to consult an attorney about your retirement, pension,
deferred compensation, 401k plans, and/or benefits. If you do not see an attorney regarding
these assets, you risk losing any interest you have in these plans and/or benefits. There are
certain documents the plan administrator must have. An attorney can help you prepare these
documents.
7. To transfer vehicles or a mobile home, contact the Motor Vehicle Division.
8. This agreement may not affect the rights of creditors even when approved by the
Court as part of the final decree. The creditor may expect payment from you no matter who
agrees to pay the debt in this agreement. See an attorney if you have questions about separate
and community debts and separate and community property.
9. There can be serious consequences resulting from spousal support awards. If
your agreement includes spousal support, you should consult with an attorney.
10. Consult with an attorney if problems arise later.
11. To divide property or debts left out of this agreement, see Section 40-4-20(A)
NMSA 1978.
[Approved by Supreme Court Order No. 13-8300-010, effective for all pleadings and papers
filed on or after May 31, 2013, in all cases pending or filed on or after May 31, 2013; as
amended by Supreme Court Order No. 14-8300-011, effective for all pleadings and papers filed
on or after December 31, 2014, in all cases filed or pending on or after December 31, 2014; as
amended by Supreme Court Order No. 15-8300-024, effective for all pleadings and papers filed
after November 18, 2015; as amended by Supreme Court Order No. 19-8300-006, effective for
all pleadings and papers filed on or after July 1, 2019.]