DO YOU NEED A PRENUP IN OREGON?
WHAT MAKES IT VALID

Introduction: Prenups Have Gone Mainstream

Prenuptial agreements used to carry a stigma — a sign that someone expected the marriage to fail. That has changed. Heading into 2026, prenups are one of the fastest-growing trends in family law, and the couples signing them are not just the wealthy. Second marriages, blended families, business owners, people with student debt or future inheritances, and couples with cryptocurrency or other separate assets are all increasingly putting their understanding in writing before the wedding.

A well-drafted prenuptial agreement is not a prediction of divorce. It is a planning tool — a way to decide together, calmly and in advance, how you would handle property and support, rather than leaving it to a court years later under stress. This article explains what Oregon law requires for a prenup to be valid and what it can and cannot do.

Oregon's Uniform Premarital Agreement Act

Prenuptial agreements in Oregon are governed by the Uniform Premarital Agreement Act, codified at ORS 108.700 to 108.740. A "premarital agreement" is an agreement between two people who intend to marry, made in contemplation of marriage and effective upon the marriage. If the wedding never happens, the agreement never takes effect.

The Act sets out the formal requirements and the limited grounds on which a court can refuse to enforce an agreement. Oregon generally favors enforcing prenuptial agreements that are entered into properly — but "properly" carries real meaning, and agreements that cut corners are the ones that get thrown out.

What a Prenup Can Cover

Oregon law gives couples broad latitude to decide their financial arrangements in advance. A prenuptial agreement can address a wide range of matters:

• How property each spouse brings into the marriage is classified and divided if the marriage ends
• How property acquired during the marriage will be treated
• Whether spousal support will be awarded, limited, or waived (within limits)
• The disposition of property on divorce, separation, or death
• Protection of a family business, professional practice, or expected inheritance
• Responsibility for premarital debts, such as student loans
• The making of a will or trust to carry out the agreement's terms

What a Prenup Cannot Do

There are firm limits. Most importantly, a prenuptial agreement cannot adversely affect a child's right to support. Child support belongs to the child, not the parents, and parents cannot bargain it away in advance. Any prenup provision that tries to waive or reduce future child support is unenforceable.

A prenup also cannot include terms that violate public policy or criminal law, and provisions purporting to control non-financial aspects of married life (household chores, personal conduct, and the like) are generally not enforceable. And while spousal support can be limited or waived, a court can refuse to enforce a support waiver if it would leave one spouse eligible for public assistance — the law will not let an agreement push someone onto welfare.

What Makes a Prenup Enforceable — and What Gets One Thrown Out

Under the Act, a prenuptial agreement is enforceable if it is in writing and signed by both parties, and entered into voluntarily with adequate financial disclosure. A court can refuse to enforce an agreement if the challenging spouse proves either that they did not sign voluntarily, or that the agreement was unconscionable when signed and they were not given a fair and reasonable disclosure of the other's finances (and did not waive that disclosure).

In plain terms, the things that protect a prenup — and the things that sink one — come down to a handful of practices:

The single most common reason prenups fail is timing and pressure. An agreement presented the night before the wedding, with no time to review and no separate lawyer, is far more vulnerable than one negotiated months in advance.

Best Practices If You Want One That Holds Up

If you decide a prenup makes sense, a few practices dramatically increase the odds it will be enforced if it is ever tested:

• Start early — months before the wedding, not days
• Each partner should have their own independent attorney review the agreement
• Make full, honest written disclosure of all assets, debts, and income
• Keep the terms fair and readable; avoid wildly one-sided provisions
• Never use pressure or ultimatums; both people should feel free to negotiate
• Keep signed copies and the disclosures together with your important records

Couples already married can accomplish many of the same goals with a postnuptial agreement, which Oregon also recognizes, though the rules and scrutiny differ.

How Crawley Law Can Help

A prenuptial agreement is only as good as the care that goes into it. At Crawley Law, we draft and review prenuptial and postnuptial agreements for Oregon couples — making sure the disclosure is complete, the terms are fair and clear, and the process is handled so the agreement will stand up if it is ever needed. If a marriage does later end, we also handle the divorce process and related spousal support issues.

If you are engaged or planning a marriage in Eugene, Lane County, or anywhere in Oregon and want to understand your options, schedule a consultation and we will help you put a sound agreement in place.