Sample Prenuptial Agreement Oregon


It is customary for some well-meaning parties to attempt to use a pre-marital agreement to obtain custody or support rights for children. Such provisions are almost always unenforceable and could nullify the entire agreement depending on how the rest of the document is drafted itself. A marriage contract is essentially a form of contract concluded before marriage and generally contains provisions relating to the division of immovable property, personal property and property, as well as the payment or non-payment of a spousal pension in the event of divorce or dissolution of the marriage. Marriage contracts can be as simple or complicated as the parties to the agreement want, although some provisions contrary to Oregon law or public order may be removed if they are later challenged in court. Oregon courts prefer marriage contracts, but they subject them to rigorous scrutiny and examine the circumstances that existed at the time the parties entered into the contract. For example, a court may want to see evidence that the agreement was entered into voluntarily and that the provisions of the agreement are not unfair or ruthless. Follow-up agreements are similar to marriage contracts, except that they are concluded after a couple is already married. They avoid family obligations. Any couple who wishes to pre-emptively limit the future rights of custody or access to children should think twice before they can commit to a marriage contract. A prenup should not be used to waive maintenance, alimony or spousal maintenance. All those who are thinking about a wedding. Many people mistakenly think that marriage contracts are only for the rich or celebrities, but the fact is that such agreements can be important for any couple who simply wants to have control of their marriage and does not want to leave extremely important decisions to a disinterested judge who is not familiar with the parties and their circumstances. who are forced to follow nebulous laws that are frequently changed and that, in the event of divorce, may ultimately be unfair or unreasonable..

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