Oregon Prenuptial Agreement
Oregon prenuptial agreements are governed by the Oregon UPAA (ORS 108.725, 1987). Courts apply single review only — unconscionability is assessed at signing, not additionally at divorce. Challengers must prove either involuntary execution or unconscionability plus inadequate disclosure — the unconscionability prong requires both conditions together. Spousal support waivers are enforceable with a capped floor at public assistance eligibility; courts may only order enough support to avoid that threshold, not more.
Bottom line: Oregon earns an A grade. Single review, a high challenge standard, and a statutorily capped alimony floor give Oregon prenups strong and predictable enforceability.
Oregon Prenup Enforceability Rating: A
Oregon Prenup Laws: Key Statutes Explained
1987 Oregon UPAA Chapter 715
Separate Property
All assets can remain separate property, avoiding costly divorce settlements. Joint assets and debts titled in both names are split 50/50 as marital property.
Unconscionability Single Review
Oregon reviews prenuptial agreements for unconscionability ONLY at execution (signing), not at enforcement (divorce). This prevents courts from second-guessing agreements based on changed circumstances during marriage, providing greater certainty and discouraging litigation challenges.
Unconscionability Standard—ORS 108.725 Two-Prong Test
A prenup is unenforceable if the challenging party proves: (1) involuntary execution due to coercion or undue pressure; OR (2) the agreement was unconscionable at execution AND (a) lacked fair and reasonable disclosure of the other's property/obligations, (b) no written waiver of disclosure, AND (c) challenging party lacked adequate knowledge of the other's finances.
Spousal Support Public Assistance Minimum
Courts may override spousal support waivers if enforcement would make one party eligible for public assistance at separation or divorce. However, courts can only require support "to the extent necessary to avoid that eligibility" under ORS 108.725(2).
Timing
No minimum specified, but we recommend signing the prenup 60+ days before the wedding, with both parties having 2-3 weeks to review the final version to minimize challenge risk. Reach out to an attorney at least 4-6 months before the wedding with your draft prenup. Better yet, sign the prenup before proposing.
Independent Counsel
Not required, but separate counsel dramatically strengthens enforceability if the agreement is later challenged. Oregon courts closely scrutinize whether parties had opportunity for independent legal review.
Financial Disclosure
"Fair and reasonable disclosure" of property and financial obligations required under ORS 108.725, or written waiver. PerfectPrenup includes both.
Moderate Burden to Challenge
Challenging party must prove either involuntary execution or unconscionability plus lack of disclosure by preponderance of evidence. Oregon courts "favor enforcement of prenuptial agreements" but "subject them to strict scrutiny."
Child Support and Custody
Child support and custody clauses are unenforceable and could undermine the entire agreement. Do not include.
Oregon Prenuptial Agreement Court Cases
In re Marriage of Rudder, 230 Or App 437, 217 P.3d 183 (2009)
The court found the prenuptial agreement unenforceable because the wife was pressured to sign it on the day it was presented without her attorney present, had not seen it beforehand, and was not aware of the specific values of the husband's separate properties.
Matter of Marriage of Purcell, 783 P.2d 1038 (Or. App. 1989)
Despite a prenuptial agreement waiving spousal support, the court awarded the wife $750 per month in temporary spousal support for six months because she had no money or savings and was temporarily unable to work due to an injury.
In re Marriage of Bridge, 166 Or App 458, 998 P.2d 780 (2000)
The court established that prenuptial agreements waiving spousal support are enforceable unless enforcement would deprive a spouse of necessary support that cannot be obtained elsewhere, potentially making them eligible for public assistance.
In re Marriage of Proctor, 203 Or App 499, 125 P.3d 801 (2005), modified 204 Or App 250, 129 P.3d 186 (2006); supplemental judgment at 2010 WL 2735305
The court enforced the prenuptial agreement's designation of certain properties as the husband's separate property under California law, though it required a "just and proper" division of remaining marital assets, ultimately awarding the wife $121,901.50 for certain assets and $77,572 for her share of equity in residential property.
Lind and Lind, 207 Or App 56, 139 P3d 1032 (2006)
The husband presented a prenuptial agreement before marriage but the wife rejected it and he married her anyway, leading the court to infer he understood the home would be marital property and awarding the wife an equal division of his $192,000 investment in the residence plus $500 per month in spousal support, with the husband earning $5,831 per month and the wife earning $2,312 per month.
5-Step Checklist: How to Sign & Execute a Prenup in Oregon
Step 1: Download and read the Oregon prenuptial agreement
Start with our free template. It is written for Oregon-specific statutes and case law under the Oregon Uniform Premarital Agreement Act (ORS 108.700–108.740). Read it in full — know what you are getting into legally with marriage. The 15+ pages is written thoroughly to include rebuttals to common legal challenges and fallback provisions.
Step 2: Draft changes on your own
See a clause you don't like? Copy it into an AI like Claude, explain what you'd like to change or what you want the clause "to do." Save any changes as a separate alternate version — don't overwrite the original. Bring both versions to your attorney review. Note: AI is often gender-biased and crafts terms beyond what is legally required. Push back on its output.
Step 3: Find a lawyer in your state
Find a matrimonial or divorce attorney in your state. Avvo, Findlaw, and Justia are good. Look for someone with 10+ years experience. Call or email and ask them how much to review your draft prenup and help with signing. Send them your draft.
Step 4: Meet your lawyer 4–6 months before the wedding
Our recommendation: sign the prenup before proposing. That way, you both get the legal work out of the way, and you know this is the right person to marry. Already proposed? 4–6 months before the wedding should leave you enough time to give your spouse 1–2 weeks to review the final draft and have it signed 60+ days before the wedding. Rudder (2009) voided a prenup signed the same day it was presented — Oregon courts require that "voluntarily" means actual knowledge of the terms and what they affect, which requires adequate time to review.
Step 5: Sign, notarize, and store the agreement
Execute the agreement with both attorneys present — their witness signatures carry more enforceability weight than a standalone notary. Oregon law requires only a writing signed by both parties (ORS 108.705) — no witnesses or notarization are required by statute. However, independent attorney representation is the surest detterence to challenges. Each party keeps a signed original, and so should each party's attorney. Store yours somewhere secure like a safety deposit box. Create a .pdf and save it via a backup drive and email.
Oregon Prenuptial Agreement: Frequently Asked Questions (2026)
What is a prenuptial agreement?
A legal contract signed before marriage that determines how assets, debts, and finances are handled if the marriage ends. We recommend assets and debts are kept separate, unless held jointly, where they are split 50/50. Alimony is modified to incentivize larger families and longer marriages, rather than divorce. A privacy clause allows the growth of an intimate, trusting relationship. A dispute resolution clause moves proceedings out of an expensive courtroom and into mediation or arbitration, lowering conflict to maintain a workable relationship in the event of divorce.
How much does a prenup cost in Oregon?
Attorney-drafted from scratch: $1,500–$5,000+ per side. The smarter approach: start with our free Oregon template, draft any changes with an AI like Claude, then hire an attorney only to review and assist with signing. The bill should be around $500 per side.
Are prenups enforceable in Oregon?
Yes — Oregon earns an A rating. Oregon reviews unconscionability only at signing, not at divorce, and courts have stated they "favor enforcement of prenuptial agreements." The two-prong challenge standard requires the challenger to prove either involuntary execution or unconscionability plus simultaneous failure of all three disclosure sub-elements. A prenup executed with full disclosure, adequate review time, and independent counsel is very difficult to break.
What makes a prenup invalid in Oregon?
Under ORS 108.725, only two grounds: (1) involuntary execution — Rudder defines this as requiring actual knowledge of the terms and property affected, not just a signature; or (2) unconscionable at signing AND no fair disclosure AND no written waiver AND no adequate knowledge — all four elements proven simultaneously. The most common practical failure is Rudder-style last-minute presentation without prior review or attorney access. Leave child custody and support out entirely — they are unenforceable and can undermine the rest of the agreement.
Do I need a lawyer to get a prenup in Oregon?
Not technically — Oregon does not require independent counsel. However, Oregon courts closely scrutinize whether parties had the opportunity for independent legal review when evaluating voluntariness. Both sides having separate attorneys is the strongest protection against an involuntary execution challenge. Use the template to cut drafting costs — don't skip the attorney.
What should an Oregon prenuptial agreement include?
Our Oregon template is built around six core principles:
- Separate property — assets and debts stay with the party who acquired them, minimizing conflict
- Joint assets and debts — anything both parties sign for together is split 50/50
- Marital home — ownership is tracked as a percentage of contribution, so each party gets back what they put in
- Spousal support — structured to incentivize larger families and longer marriages, not divorce
- Full financial disclosure — all assets, debts, and income over $1,000, listed in the exhibits, satisfying ORS 108.725(1)(b)
- Privacy clause — keeps financial and personal details private, supporting a trusting relationship
Leave out child custody and support entirely — Oregon courts will not enforce them and they can invalidate the rest of the agreement.
Does Oregon's property law make a prenup important?
Yes. Oregon is an equitable distribution state — without a prenup, courts divide marital property under ORS 107.105's "just and proper" standard, which gives judges substantial discretion and can produce unpredictable results. A valid prenup overrides this standard entirely (Proctor), letting both parties define in advance exactly which assets stay separate and how jointly acquired property is handled.
How far in advance should I get a prenup in Oregon?
Sign 60+ days before the wedding. Give your spouse at least two weeks to review with their own attorney — Rudder established that "voluntarily" requires actual knowledge of the terms and what is being given up, which takes time. Oregon has no statutory minimum, but presenting a prenup on signing day is the fastest path to invalidation. Contact an attorney 4–6 months before the wedding. Best practice: sign before proposing — no time pressure, and you'll be confident in whom you are choosing to marry.
Can a spousal support waiver be challenged in Oregon?
Yes, in one narrow circumstance. Under ORS 108.725(2), a court may override a support waiver if enforcement would make a party eligible for public assistance — but only to the extent necessary to avoid that eligibility. Bridge (2000) confirmed that support waivers are otherwise enforceable unless enforcement "deprives a spouse of necessary support that cannot be obtained elsewhere." This is a narrow safety net, not a general invitation to revisit support terms at divorce. Oregon does not conduct dual unconscionability review of spousal support — if the agreement was valid at signing, the support terms hold.