Prenuptial Agreement Attorneys in Medford, Oregon
When people decide to get married they intend for that relationship to last for the rest of their lives. If one or both parties are bringing substantial assets to a marriage it may be wise to consider a prenuptial agreement. Whether your marriage lasts the rest of your life or ends in divorce a prenuptial agreement can provide both parties certainty about how their finances will be affected both by the marriage and by a potential divorce.
In Oregon, prenuptial agreements are favored by the courts. They can, however, be subjected to a high level of scrutiny by the courts. An experienced family law attorney can help you draft your prenuptial agreement in a way that clearly states the parties’ intentions and is more likely to be enforced by the courts.
Can Prenuptial Agreements be Enforced?
Courts look at several factors when deciding whether or not to enforce a prenuptial agreement. Some of the main factors are:
• Did an independent attorney represent each party and sign a certification that the parties have been advised about the prenuptial agreement?
• Was the agreement discussed and made well before the wedding date or was it sprung on one party shortly before the wedding?
• Were the assets of each party fully disclosed to their spouse?
• Is the agreement reasonable given the financial condition of each party?
Under Oregon law, parties may enter into an agreement before their marriage concerning the disposition of their property if their marriage dissolves or upon a parties’ death. A prenuptial agreement agreement should address the parties rights and obligations in their property, their rights to transfer or encumber their property, the disposition of property on separation, divorce, death or any other event, and the modification or elimination of spousal support.
There are four essential requisites to a valid prenuptial agreement:
1. Full financial disclosure
2. Sufficient time to consider all the legal and other implications of the prenuptial agreement.
3. Separate legal representation.
4. Proper acknowledgment.
If you are considering asking for prenuptial agreement or if your partner is requesting that you sign one then you should meet with an experienced family law attorney to review your options. When we draft or review prenuptial agreements we will take the time to learn about your specific concerns, help ensure that the agreement is written in a way that addresses those concerns, and write the agreement in a way that helps ensure its enforceability.