PRENUPTIAL AGREEMENT

 

PRENUPTIAL AGREEMENT

 

This prenuptial agreement (hereafter “Agreement”) is made by and between

 

Shamal Barghash, a single adult man residing in the County of Bernalillo, City of Albuquerque, and

Nasielys Drago, a single adult woman residing in the County of Bernalillo, City of Albuquerque

 

in consideration of the contemplation of marriage in the State of New Mexico. This Agreement shall become effective upon the issuance of the Marriage Certificate.

 

RECITALS

 

  1. WHEREAS, a marriage is contemplated in the near future between the parties, Shamal Barghash (hereafter “Barghash”) and Nasielys Drago (hereafter “Drago”).

 

  1. WHEREAS, Barghash and Drago have never been previously married.

 

  1. WHEREAS, the Parties desire and wishes are that this Agreement defines their respective legal rights and responsibilities regarding real, personal or intellectual property and all financial matters to the extent that is reasonably foreseeable.

 

  1. WHEREAS, “Property” means an interest, present or future, legal or equitable, vested or contingent, in real or personal or intellectual property including income and earnings.

 

ARTICLE 1.

 

This Agreement is contingent upon the Parties contemplated marriage. In the event the marriage does not occur, then this Agreement shall be null and void and of no force or effect.

ARTICLE 2.

 

NOW, THEREFORE, in consideration of the future marriage between Barghash and Drago, the Parties and other valuable consideration as described below, the Parties mutually agree as follows:

 

  1. PRE-MARITAL SEPARATE ASSETS/PROPERTY AND LIABILITIES: Except as otherwise provided in this Agreement, the following property now owned or later acquired by either party shall remain and be their separate property:

 

BARGHASH: Shall keep all property, including real, personal or intellectual property, the income from such property, and the investments and re-investments of such property; and all property acquired by Barghash by gift, winnings, prizes, devise, bequest or inheritance. This currently includes but not limited to the attached identified as ATTACHMENT “BARGHASH LIST” hereby incorporated herein by this reference.

 

DRAGO: Shall keep all property, including real, personal or intellectual property, the income from such property, and the investments and re-investments of such property; and all property acquired by Drago by gift, winnings, prizes, devise, bequest or inheritance. This currently includes but not limited to the attached identified as ATTACHMENT “DRAGO LIST” hereby incorporated herein by this reference.

  • NEW MEXICO COMMUNITY PROPERTY LAW:

The Parties agree that their respective property interests are determined and controlled as mutually stated in this Agreement and not the community marital property laws of the State of New Mexico.

  • ALL PROPERTY ACQUIRED AFTER MARRIAGE:

The Parties agrees that such separate property of each party shall be subject exclusively to that party’s own individual use, control, benefit and disposition, and that each party shall not inter-mingle their property with that of the other.

  • WAIVER:

The Parties agree to individually waive any and all rights and interests under New Mexico Community Property Laws and that this Agreement provides for the terms, rights and obligations of each party in its entirety.

  • ALL PROPERTY RIGHTS AND OBLIGATIONS:

The Parties agree that each of the parties in any of the property) of either or both of them whenever and wherever acquired or located shall be their own separate property. 


Furthermore, the Parties shall have the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property.

  • DISPOSITION OF PROPERTY UPON:

 

  1. Separation: In the event of a Separation. The Parties agree that this prenuptial agreement shall control the terms of the Parties period of Separation.

 

  1. Marital dissolution: In the event of a divorce.

 

  1. Marital Settlement Agreement: The Parties agree that this prenuptial agreement shall control the terms of the Parties marital agreement in the dissolution of marriage.

 

  1. Spousal Support: The Parties agree that both are independently self-supporting and agree to a reasonable amount of future spousal support but only for (3) three years and only in the event of a financial hardship will result at time of divorce.

  • Death:

 

  1. Wills, Trust, or other arrangement created are to carry out the provisions of this Agreement. Unless there is a written WILL that states otherwise.

 

  1. This Agreement does not affect ownership rights in and disposition of the death benefit from a life insurance policy.

 

  1. Disability: In the event either party becomes disabled, the other non-disabled party shall assume complete responsibility for the necessary care, maintenance and financial responsibility of the disabled party. In return, the disabled party agrees and grants to the non-disabled party full access, control and management of the disabled parties income, assets and businesses.

 

  1. Or the occurrence or nonoccurrence of any other event: In the event of any unforeseeable occurrence or nonoccurrence occurring, this Agreement shall be binding to the parties’ respective property and interests.

  • DEBTS/LIABILITES:

The Parties agree that each party shall be sole and separately liable for his or her own debts and or liabilities incurred prior to the marriage and after the marriage. Each party,


if desired shall retain in their own respective names any and all credit cards and or loan for his or her own respective use.

 

G. TAXES:

The Parties agree to file separate federal and state income tax returns and each shall be held responsible for their own separate income tax returns. State and Federal law shall dictate each income tax return filed herein.

  • ADDITIONAL WRITTEN INTRUMENTS:

If necessary and without consideration, each party shall promptly provide any requested written instrument in order to fulfill and accomplish the intent of this Agreement.

  • DISPUTE RESOLUTION:

If the Parties are not able to resolve any dispute arising out of this Agreement, the Parties agree to go first to Mediation, and then to Alternative Dispute Resolution (ADR) before going to Court.

  • AGREEMENT DEFAULT ATTORNEY FEES & COSTS:

The Parties agree that if it is necessary to bring a lawsuit proceeding to enforce any of the provision of this Agreement, the party seeking enforcement will be entitled to their attorney fees and costs. In the event, attorney fees and costs are awarded the defaulting party has 30 days to pay the non-defaulting party.

  • FULL DISCLOSURE:

Both parties declare they are over the age of 18 years old, and are competent to contract and the terms herein are being executed in good faith and with full disclosure.  Each Party further agrees that each party has full knowledge of the terms and provisions of this Agreement and they both acknowledge and agree that the other party has shown them sufficient proof or evidence as to their respective individual property interests as of the date of this Agreement and they both understand and agree that this Agreement represents a full and complete listing of their respective property interest as of the date of this Agreement.

  • FULL AND FINAL AGREEMENT:

The Parties agree that this Agreement sets forth the entire understanding of the Parties and supersedes all other agreements, written or oral, between the Parties, including, without limitation, any implied or other agreements arising in connection with any period of cohabitation. The Parties affirm that no agreements have been entered into between them prior to the date of this agreement. Neither Party has relied upon any representation of the other Party except such as are specifically stated in this Agreement.


Each Party further agrees that this Agreement does not affects the right of a child, a claim for spousal support, a party’s right to child custody or visitation, a party’s choice of adobe or a party’s freedom to pursue career opportunities.

  • AMENDMENTS; REVOCATION:

This Agreement can only be amended or revoked by a written agreement signed and acknowledged by the parties.

  • SERVERIBILTY:

If any part of this Agreement is found to be against public policy and invalid, the invalidity does not affect other provision or application of this Agreement.

  • STATUE OF LIMITATION:

Any statute of limitation applicable to an action asserting a claim for relief under this Agreement is tolled during the marriage of the parties to the Agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.

  • APPLICATION AND CONSTRUCITON; CHOICE OF LAW:

The Uniform Premarital Agreement Act and the laws of New Mexico shall control the application and construction of this Agreement.

  • VOLUNTEER EXECUTION:

I NASIELYS DRAGO HAVE SOUGHT OUT INDEPENDENT LEGAL REVIEW OF THIS AGREEMENT AND I UNDERSTAND MY LEGAL RIGHTS WILL BE EFFECTIVE BY SIGNING THIS AGREEMENT AND I ACKNOWLEDGE THAT I DO SO VOLUNTARY WITHOUT ANY DURESS OR PROMISES BEING MADE TO ME OUTSIDE THIS AGREEMENT. I FURTHER ACKNOWLEDGE THAT I WAS GIVEN A FAIR AND REASONABLE DISCLOSURE OF THE PROPERTY AND FINANCIAL OBLIGATION OF THE SHAMAL BARGHASH AND WAIVE ANY RIGHT TO DISCLOSURE OF THE PROPERTY OR FINANCIAL OBLIGATION BEYOND THE DISCLOSURE PROVIDED HEREIN.

 

NASIELYS DARGO DATE

 

EXUCUTED THIS DATE THIS TIME

IN ALBUQUERQUE, NEW MEXICO BETWEEN BARGHASH AND DRAGO

 

SHAMAL BARGHASH DATE

 

NASIELYS DARGO DATE

 

STATE OF NEW MEXICO ) COUNTY OF BERNALILLO)

On the day March, 2022, before me personally appeared SHAMAL BARGHASH, to be known to be the person described in and who executed the foregoing instrument and acknowledged that SHAMAL BARGHASH executed this Agreement.

 

SUBSCRIBED AND SWORN TO before me on this day of March 2022, by Shamal Barghash, Executor of this Agreement.

 

NOTARY PUBLIC

 

My Commission Expires: Seal>

 

STATE OF NEW MEXICO ) COUNTY OF BERNALILLO)

On the day March, 2022, before me personally appeared NASIELYS DARGO, to be known to be the person described in and who executed the foregoing instrument and acknowledged that NASIELYS DARGO executed this Agreement.

 

SUBSCRIBED AND SWORN TO before me on this day of March 2022, by Nasielys Dargo, Executor of this Agreement.

 

NOTARY PUBLIC

 

My Commission Expires: Seal>


BARGHASH LIST:

ATTACHMENT

  1. Residence located at: 8605 Canyon Run Road NE, Albuquerque, New Mexico 87110

 

  1. Residence located at: 7560 Union St NE Albuquerque, New Mexico 87109

 

  1. Business located at: Four Hills Palace Smoke Shop 13400 Wenonah Ave SE, Albuquerque, New Mexico 87123

 

  1. Business located at: Central Palace Smoke Shop, LLC 4821 Central Ave NE Albuquerque, New Mexico 87108

 

  1. 26th Ave NW Rio Rancho New Mexico 87144

 

  1. 1332 Fryloop NE Rio Rancho, New Mexico 87144

 

  1. 4th Ave NW Rio Rancho, New Mexico 87124 4 acre lot 22, 23, 24 in block 28

 

  1. 2748 Northern Blvd NE Rio Rancho, New Mexico 87124

Lot 13 M in block S of Rio Rancho Unit 13 Sandoval County NM

 

  1. 1210 1st street NE Rio Rancho, New Mexico 87144

 

  1. 9th ST NW Rio Rancho, New Mexico 87124

Lot 33 in block 46 of Rio Rancho, New Mexico 87124 Unit 8 in Sandoval County, NM

 

  1. Southern Blvd SW

Lot 54 in block 11 of unit 2 SE portion Rio Rancho Estates, New Mexico 87124

 

  1. Lot 53 in block 12 Unit 11 Rio Rancho Estates, New Mexico 87124

 

  1. Lot 15 in block 3 of Lomita acres a sub division in Albuquerque, New Mexico

 

DARGO LIST:

 

Any and all personal property currently in her possession.

 

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