The mutual consent of the parties is a sufficient consideration for such an agreement as is mentioned in the last section [40-2-8 NMSA 1978]. History: Laws 1907, ch. 37, § 6; Code 1915, § 2783; C.S. 1929, § 68-511; 1941 Comp., § 65-213; 1953 Comp., § 57-2-13. Applicable only to separation agreements. — This section has reference solely to the separation agreement provided for between husband and wife by 40-2-8 NMSA 1978, and has no reference to their authority to contract. McDonald v. Lambert , 1938-NMSC-065, 43 N.M. 27, 85 P.2d 78, 120 A.L.R. 250, overruled on other grounds by Chavez v. Chavez , 1952-NMSC-050, 56 N.M. 393, 244 P.2d 781. Am. Jur. 2d, A.L.R. and C.J.S. references. — Separation agreements: enforceability of provision affecting property rights upon death of one party prior to final judgment of divorce, 67 A.L.R.4th 237.
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