An Oregon postnuptial agreement is a contract signed after marriage that allows married couples to decide on asset distribution in case of divorce or death.
This agreement helps mitigate uncertainties in divorce asset distribution. It differs from prenups, which are pre-marriage, and from “marital settlement agreements,” which are for couples intending to divorce, each governed by distinct rules.
Legal Considerations
Oregon does not have a specific statute that requires the enforcement of a postnuptial agreement.
- Signing Requirements: Both spouses’ signatures are required (In re Marriage of Grossman (2005)).
- Dividing Property: Equitable division (ยง 107.105(f)).
Marriage and Divorce
Intention to Divorce
Postnuptial agreements are made without the expectation of an immediate divorce, unlike marital settlement agreements. [1]
Enforceability
Courts must review and are expected to uphold the terms of a properly executed marital settlement agreement if they are deemed fair and reasonable. [2]
