Download Oregon Prenuptial Agreement Form [PDF]

Read this article and learn how to draft an Oregon prenuptial agreement that is in accordance with all the state laws and regulations.

Last update: 20 Apr 2024

Download Oregon Prenuptial Agreement Form [PDF]

The Oregon prenuptial agreement is a legal document that is signed between future spouses for the purpose of regulating their financial relationship during and after the marriage.

The common belief is that the parties only use the prenuptial agreement after marriage. However, the parties can also include clauses describing how they will manage the property acquired during the marriage.

Additionally, it is a common misconception that only wealthy spouses use prenuptial agreements. In fact, they can be useful in any situation where one or both parties have accumulated certain assets or certain liabilities that they want to keep as their individual property instead of sharing them with the other spouse.

Laws and Legal Requirements for a Prenuptial Agreement in Oregon

The laws and legal requirements for a prenuptial agreement in Oregon are all outlined in Sections 108.700 to 108.740 of the Oregon Revised Statutes.

The state law refers to a prenuptial agreement as a premarital agreement, and it defines it as “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.”

Moreover, it provides a definition of property as “an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.”

Signing Requirements for a Prenuptial Agreement in Oregon

Section 108.705 of the state law provides that the prenuptial agreement must be in writing and must be signed by both parties to the agreement.

Although the state law doesn’t explicitly set it as a requirement, the parties should also consider signing their agreement before the notary public whenever possible. The notary public will confirm the identity of the signing parties and acknowledge that they have personally signed the document. In this way, the parties will prevent potential disputes and fraud.

Prenuptial Agreement Enforcement in Oregon

According to Section 108.725, the prenuptial agreement form can be declared unenforceable if one of the parties proves that:

Prenuptial Agreement Enforcement Conditions

  • They haven’t executed the prenuptial agreement voluntarily

  • The agreement was unconscionable when it was executed

The agreement can be unconscionable if one of the parties fails to provide complete or truthful information about their financial status. The same happens if the party opposing the enforcement doesn’t know or couldn’t know about the other party’s financial status.

Moreover, if the enforcement of the agreement causes one party to become eligible for support under a program of public assistance, the court can declare such an agreement unenforceable and require one of the parties to support the other one. 

What Can a Prenuptial Agreement in Oregon Cover?

The parties are free to include any provision in their prenuptial agreement template to regulate their financial relationship. The only requirement is that the provisions don’t violate state law or public policies.

The Uniform Premarital Act provides a list of a few matters that can be covered by the prenuptial agreement:

Provisions in a Prenuptial Agreement

  • The rights and responsibilities of each party in terms of their individual property

  • Right to sell, buy, lease, mortgage, transfer, or manage the property accumulated during the marriage

  • Rules on how the property will be divided in case of a marriage dissolution, divorce, death, or any other similar event

  • Matters regarding spousal support, life insurance, wills, trusts, and more

  • Matters related to the applicable law for the agreement

Lastly, the prenup agreement cannot modify the right of a child to support.

Prenuptial Agreement in Oregon: Validity Criteria

First, the prenuptial agreement must be in line with all the formality criteria set by the state law. This means that the prenuptial agreement must be made in writing and have the signatures of both parties to the agreement.

Second, the validity of the prenuptial agreement is connected with the existence of the marriage. This means that the prenuptial agreement will be invalid if the parties don’t get married after signing it.

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