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Free Oregon Prenuptial Agreement Template

An Oregon prenup lets future spouses decide how property and support will work. Build yours with our guided form and download a customizable template.

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What Is a Prenuptial Agreement in Oregon?

An Oregon prenuptial agreement is an agreement between prospective spouses, made in contemplation of marriage, that takes effect on marriage. Oregon’s version of the Uniform Premarital Agreement Act sits at ORS 108.700 to 108.740.

Oregon Requirements for a Prenuptial Agreement

ORS chapter 108 covers both premarital agreements and the default rules for spouses’ property.

Written and Signed

Under ORS 108.705, the agreement must be in writing and signed by both partners. Oregon enforces it even when nothing is exchanged beyond the promises themselves.

What It Can Cover

ORS 108.710 lets partners address property rights, management, and division. It also covers spousal support, estate arrangements, life insurance, and choice of law. Still, § 108.710(2) protects a child’s right to support from any contrary term.

Debts Stay Separate by Default

Oregon already keeps many debts apart. Under ORS 108.020, neither spouse is liable for the other’s premarital debts. Apart from family and education expenses under ORS 108.040, a spouse also isn’t liable for the other’s separate debts.

Likewise, ORS 108.050 shields each spouse’s property, including what they earn through their own labor, from the other spouse’s debts and contracts. A prenup can build on those defaults with more specific terms.

Challenges and Changes

Under ORS 108.725(1), a partner can defeat the agreement by proving involuntary signing. Otherwise, they must prove unconscionability at signing along with missing disclosure, no written waiver, and no adequate knowledge. After the wedding, ORS 108.720 allows changes only through a signed writing.

Can an Oregon Prenup Waive Spousal Support?

Yes, within limits. ORS 108.710 lets partners modify or eliminate spousal support.

However, ORS 108.725(2) adds a safeguard. Suppose a waiver would leave a spouse eligible for public assistance or medical assistance at separation or divorce. In that case, a court may order enough support to avoid that eligibility.

The reference to medical assistance came from a 2013 amendment. Many other states’ versions mention public assistance only.

Under ORS 108.725(3), the court decides unconscionability as a matter of law. So a support waiver in an Oregon prenuptial agreement should be drafted with both partners’ finances in mind.

Tip

Attach a list of each partner’s existing debts. Oregon already shields spouses from each other’s premarital debts. A clear record makes that protection easier to show later.

How to Sign an Oregon Prenuptial Agreement

  1. List each partner’s debts. Note which ones existed before the marriage.
  2. Swap financial statements. A disclosure waiver, if any, belongs in writing.
  3. Settle any support waiver carefully. Think about the medical assistance safeguard.
  4. Sign the finished document. Both of you sign well ahead of the ceremony.
  5. Keep a copy with financial records. Update it in writing if plans change.

What to Include in an Oregon Prenuptial Agreement

An Oregon prenuptial agreement commonly covers:

  • Premarital assets and debts for each of you
  • Treatment of income and earnings
  • Spousal support terms
  • Estate planning steps each partner will take
  • Life insurance arrangements
  • A signature block for each partner