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Nevertheless, the majority of premarital contracts are enforceable unless one of the following factors exists: If a couple enters into a void marriage (because the spouses are closely related or one spouse is already married or underage), the court will uphold a prenuptial agreement only to prevent an unfair result. Oregon is in the majority of states that have adopted the Uniform Prenuptial Agreement Act (UPAA), which outlines the requirements for a prenuptial agreement to be enforceable. Will an Oregon Court Enforce My Prenuptial Agreement? Nevertheless, a judge can make a custody order that reaches the same result as the parents' prenuptial agreement as long as it serves a child's best interests. The court will ignore any custody provisions in a prenuptial agreement. Therefore, parents can't decide future custody and support issues at the time they enter into a prenuptial agreement. A judge will look at a child's best interests at the time of a hearing on custody, but not before. Parents and the judge must consider the child's best interests in every custody case. Can a Prenuptial Agreement Resolve Child Custody and Child Support in Oregon?Ī prenuptial agreement can't decide custody or support obligations of unborn or living children. However, a prenuptial agreement can't resolve all issues and are instead left up to the discretion of a judge. Additionally, spouses can change their minds after marriage and alter or amend their agreement, as long as the changes are in writing. Unlike a will, a prenuptial agreement doesn't have to be witnessed to be enforceable in Oregon.

any other matter the couple believes is essential.

each spouse's entitlement to death benefits from the other's insurance policy, and.

each spouse's right (if any) to the other spouse's gifts or inheritances.

the ownership and management of a family business upon death or divorce.

the division of assets and debts upon death or divorce.

each spouse's right to buy, sell, use, transfer, exchange, mortgage or dispose of property.

each spouse's rights and obligations to separate or marital property.

Specifically, a prenup can cover any or all of the following issues:

However, for the most part, a premarital contract will generally resolve issues regarding property, assets, debts, and inheritance. Prenuptial agreements vary, just like the individuals who enter into them. What Does a Prenuptial Agreement Cover in Oregon? Thus, many lawyers recommend prenups to anyone who wants to maintain control of personal assets and property.Ī prenuptial agreement can resolve how spouses will share their assets, debts, and property during the marriage or in the event of death or divorce. Without a prenuptial agreement, the division of a couple's assets is left up to the discretion of a judge and Oregon state law. However, premarital contracts can protect a child's inheritance or prevent a messy divorce down the road. Often, a prenuptial agreement is the last thing two people in love are considering. Additionally, a prenuptial agreement may appeal to someone who's been through a stressful divorce or someone with significant debt from which he or she wants to protect a future spouse. Very wealthy individuals and individuals with children from a prior relationship should consider getting a prenuptial agreement. A prenuptial agreement can resolve how spouses will share their assets, debts, and property during the marriage or in the event of death or divorce. The agreement will only take effect if and when the couple marries. In Oregon, a premarital agreement must be in writing and signed by both future spouses. What Is a Prenuptial Agreement?Ī 'prenuptial agreement,' also referred to as a 'premarital agreement' or a 'prenup,' is a contract between two individuals who plan to get married. If after reading this article, you have questions, please contact a local family law attorney for advice. This article provides an overview of prenuptial agreements in Oregon and what makes it enforceable. States have varying rules about prenuptial agreements. A prenuptial agreement can contribute to marital satisfaction by defining common financial issues, such as how money should be spent during the marriage and outlining property division in the event of divorce. Premarital contracts don't carry the negative stigma they once did and are used now more than ever. If a wedding is in your plans, you may also want to consider a prenuptial agreement.

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