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What to Include in Your Prenuptial Agreement in Oregon

Published August 25, 2021
Oregon couples can address a number of issues in a prenuptial agreement, such as property division, spousal support, and more. Working with an experienced family law attorney can ensure that your prenuptial agreement sets your marriage up for success.

By now, you’ve probably heard the term “prenuptial agreement”—known informally as a “prenup.” While some people assume that prenuptial agreements are only for those who have significant financial assets or those who do not think their marriage will last, most couples can benefit from putting a prenup in place before marriage. Whether this is your first, second, or third marriage, here are a few items to consider including in your prenuptial agreement in Oregon.

Defining Each Spouse’s Property

A prenuptial agreement can articulate specific types of property that belong to one spouse, such as a family heirloom or treasured collectible. Under Oregon law, the parties that create a premarital agreement can define “the rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located.” Additionally, you can include language that defines how your bank accounts, retirement accounts, savings, or other property would be divided in the event of a divorce.

Addressing Spousal Support

Some couples use premarital agreements to address spousal support matters. In the event of a divorce, will one spouse continue to support the other financially? This provision can be useful in couples where there is a significant discrepancy in income. The higher-earning spouse may recognize that the lower-earning spouse may require financial assistance for a period of time until they fully adjust to their post-divorce life.

Limitations to Oregon Prenuptial Agreements

Although many Oregon couples may wish to address child custody or child support matters in their prenuptial agreement, these matters are not appropriate to include. As part of the divorce proceedings in Oregon, the judge determines child custody and parenting time schedules, as well as child support arrangements. Even if you include such provisions in your prenuptial agreement, public policies, and state laws will override them.

How a Portland Family Law Attorney Can Help

Oregon couples can draft their own prenuptial agreements, but working with a trusted and experienced family law attorney allows you to feel confident in the final product. Many couples find the process of putting together a prenuptial agreement to be rewarding and empowering, as both spouses can enter into marriage with a solid foundation.


Reach out to Lee Tyler Family Law, P.C. today by calling (503) 233-8868 to learn more about how working with a compassionate Portland attorney and mediator can help you create a customized and effective prenuptial agreement.

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