Oregon: A
Statutes
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 (Pro-Prenup)
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.
Case Law
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.
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.