A prenuptial agreement is not a doubt about the marriage. It is a deliberate, mutual conversation about money, family, and fairness, written down before the rest of life writes over it.
A prenuptial agreement, sometimes called a premarital agreement, is a written contract two people sign before marriage that defines how property, debt, and certain financial obligations will be treated during the marriage and if it ever ends. In Oregon, prenuptial agreements are governed by the Uniform Premarital Agreement Act, codified at ORS 108.700 through 108.740, which Oregon adopted in 1987. The Act gives engaged couples a clear, statewide framework for what can be agreed in advance and what cannot.
Done well, a prenup protects both partners. It clarifies what each person brings into the marriage, how assets acquired together will be treated, what happens to a family business or inheritance, and how separate financial obligations will be handled. It can also coordinate with your Will and Revocable Living Trust so that estate planning and marital planning move together rather than working against each other.
What a prenup can do
Identify separate property. Spell out what each spouse owns before the wedding, premarital savings, investments, business interests, real estate, retirement accounts, so those assets stay clearly separate.
Define marital property. Decide in advance how property acquired during the marriage will be treated, including income, appreciation on separate assets, and jointly-purchased homes.
Protect a family business or inheritance. Keep a closely-held business, family farm, or expected inheritance outside the marital estate so it stays with the family line it came from. This pairs naturally with Business Succession planning.
Allocate debts. Make clear who is responsible for premarital debts such as student loans, credit card balances, or business obligations, so one spouse isn't unexpectedly exposed.
Plan for second marriages. Preserve assets for children from a prior relationship while still providing for a new spouse, a use case Oregon families ask about often.
Address spousal support. Modify, limit, or waive future spousal support, within the limits Oregon law allows.
Choose governing law and venue. Decide in advance which state's law applies, helpful for couples who own property in more than one state or expect to move.
What a prenup cannot do
Oregon law sets firm limits on what a prenuptial agreement can cover. A prenup cannot waive or reduce child support; that obligation belongs to the child, not the spouses, and it cannot be bargained away in advance. It cannot decide custody or parenting time, which courts always evaluate based on the child's best interests at the time. And under ORS 108.725, a waiver of spousal support may not be enforced if it would leave one spouse eligible for public assistance at the time of separation, in which case the court can order whatever support is needed to avoid that result.
When a prenup is enforceable
Oregon courts will enforce a prenuptial agreement when both parties signed it voluntarily, after a full and fair disclosure of each other's assets, debts, and income, and when the terms were not unconscionable when signed. Under ORS 108.725, an agreement can be set aside if a spouse can show it was signed involuntarily, or that it was unconscionable when it was signed and they did not receive (or knowingly waive) a fair and reasonable disclosure of the other's financial circumstances.
In practice, that means three things matter most: independent counsel for each spouse, complete financial disclosure exchanged in writing, and enough time between presentation and signing that no one can later claim they signed under pressure. We typically recommend the agreement be drafted, negotiated, and signed at least thirty days before the wedding, and ideally longer.
Postnuptial agreements
If you are already married, Oregon also recognizes postnuptial agreements, contracts entered after the wedding that address many of the same financial questions. Postnuptial agreements are evaluated under common-law principles of contract, fairness, and full disclosure, rather than under the UPAA, and they are particularly useful after a major life change: a business sale, a substantial inheritance, a career shift, or a period of separation followed by reconciliation.
A prenuptial agreement is a quiet, careful document, signed once and rarely needed again. We help Oregon couples draft prenups, postnups, and amendments with the seriousness the conversation deserves and the warmth the relationship calls for. Schedule a consultation to talk through what's right for your situation.