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Oregon Postnuptial Agreement

An Oregon postnuptial agreement is a legal document used by couples to determine how their assets should be distributed if the marriage ends in divorce or death. Postnuptial agreements can be a useful check on the uncertainty inherent in divorce proceedings.
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Updated June 24, 2024

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Signing Requirements

Both parties must sign the agreement.[1]

Laws

Equitable Distribution: In divorce proceedings, the court may provide for the distribution of real or personal property between the parties in the way it views as just and proper.[2]

Intent to Divorce: Unlike marital settlement agreements, postnuptial agreements are not entered into in contemplation of an imminent divorce.[1]

Enforceability: Where there is a validly executed marital settlement agreement between the parties, the court must evaluate the terms of that agreement and should enforce them if they are within the range of what is just and equitable under the circumstances.[3]

Sources

  1. In re Marriage of Grossman (2005)
  2. Or. Rev. Stat. Ann. § 107.105(1)(f)
  3. In re Marriage of Haggerty (2014)