Oregon Prenuptial Agreement Overview
Oregon’s prenuptial agreement law under ORS §§ 108.700–108.740 follows the Uniform Premarital Agreement Act, requiring written execution, voluntary consent, and full financial disclosure. Oregon is an equitable distribution state — marital property divided fairly but not necessarily equally, making prenups valuable for protecting pre-marital assets and business interests.
Key Facts About Oregon Prenuptial Agreements
- Oregon adopted the UPAA under ORS §§ 108.700–108.740
- Oregon is an equitable distribution state — marital property divided fairly but not necessarily equally
- Courts will void a prenup signed under duress or without proper financial disclosure
- Both parties must sign voluntarily and with full knowledge of the other’s assets
- Independent legal counsel for both parties is strongly recommended
- The agreement must be in writing and signed by both parties before the wedding
- The agreement must be presented well in advance of the wedding to avoid duress claims
What Can Be Included in a Oregon Prenup?
Can Be Included
- Rights and obligations regarding property
- Right to buy, sell, use, transfer, or manage property
- Disposition of property upon separation, divorce, or death
- Modification or elimination of spousal support
- Making of a will or trust
- Ownership rights in a life insurance death benefit
- Choice of law governing the agreement
Cannot Be Included
- Child support or child custody provisions
- Provisions that encourage divorce
- Provisions that violate criminal law or public policy
- Terms that are unconscionable
Oregon Prenuptial Agreement Laws & Requirements
Governing Statute
Prenuptial agreements in Oregon are governed by ORS §§ 108.700–108.740. As a UPAA state, Oregon follows the Uniform Premarital Agreement Act, which provides a standardized framework for prenuptial agreements across adopting states.
Requirements for a Valid Prenuptial Agreement in Oregon
- Written Agreement: The prenuptial agreement must be in writing. Oral prenuptial agreements are not enforceable in Oregon.
- Signed by Both Parties: Both parties must sign the agreement before the wedding ceremony.
- Voluntary Execution: Both parties must sign voluntarily, without duress, coercion, or undue influence.
- Full Financial Disclosure: Both parties must fully disclose their assets, debts, and financial obligations.
- Executed Before Marriage: The agreement must be signed before the marriage takes place.
- Fair and Reasonable: Courts may void provisions that are unconscionable or grossly unfair.
Grounds for Invalidating a Oregon Prenuptial Agreement
- Signed under duress, coercion, or undue influence
- Lack of full and fair financial disclosure
- Signed without adequate time to review (presented too close to the wedding)
- One or both parties lacked mental capacity
- Provisions that are unconscionable or violate public policy
- Failure to meet formal execution requirements
Official Resources
Oregon Prenuptial Agreement Forms & Resources
Below are resources for Oregon prenuptial agreement forms, official government documents, and related legal forms.
Free Oregon Prenuptial Agreement Template
Our free prenuptial agreement template is designed to comply with Oregon law under ORS §§ 108.700–108.740. It includes all required provisions and can be customized to your specific situation.
Download Free TemplateOfficial Oregon Legal Resources
Related Oregon Legal Forms
Find a Oregon Prenuptial Agreement Attorney
Finding an experienced family law attorney in Oregon is one of the most important steps in creating an enforceable prenuptial agreement. Courts are more likely to uphold agreements where both parties had independent legal counsel.
How to Find a Qualified Oregon Prenup Attorney
- Look for attorneys who specialize in family law and marital agreements
- Both parties should have separate, independent attorneys
- Start the process at least 3–6 months before the wedding
- Ask about experience specifically with prenuptial agreements
- Request a flat-fee quote rather than hourly billing when possible
Official Oregon Attorney Referral Resources
- Oregon State Bar Lawyer Referral Service
- Avvo — Oregon Family Law Attorneys
- Martindale-Hubbell — Oregon Family Law
- FindLaw — Oregon Family Law Attorneys