Prenuptial or antenuptial agreements can be used to surrender or modify rights and duties that parties would otherwise obtain through marriage. A prenuptial agreement can also create new rights and duties. A prenuptial agreement may define each party’s rights and responsibilities in the case of divorce or death of a party. It may also define the parties financial or other domestic arrangements during their marriage. An agreement can be as uncomplicated or as complex as the parties desire.
It is critical to enter into a prenuptial agreement well before the marriage, otherwise it may not be enforceable. Call 503-648-4777 during normal business hours (M-F 8:30am to 5:00pm) and speak with a highly rated Oregon prenuptial agreement lawyer immediately
Does Oregon Recognize Prenuptial Agreements?
Although prenuptial agreements are enforceable in Oregon, the courts look at them very closely and may modify or invalidate an agreement. The court will examine the circumstances that prevailed when the parties entered into the agreement for evidence of unfairness, coercion, or lack of disclosure.
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Do You Need An Attorney? – Yes!
The agreement must be in writing and signed by both parties. A prenuptial agreement becomes effective on marriage. After marriage, the agreement may be amended or revoked only by written agreement signed by both parties. It is important to use an attorney when drafting a prenuptial agreement.
Postnuptial Agreements in Oregon
While prenuptial agreements are enforceable, some uncertainty surrounds the validity and construction of a postnuptial agreement not made in contemplation of separation or divorce. There is no Oregon statute regarding postnuptial agreements and the Oregon courts have never explicitly approved postnuptial agreements. The cases that have touched upon the issue, implicitly assume that the agreements are valid.