Everything engaged couples need to know about making a prenuptial agreement valid and enforceable in Oregon — in plain English, reviewed by attorney James Sexton, Esq.
Yes — prenuptial agreements are legal and fully enforceable in Oregon under the state's Uniform Premarital Agreement Act.
Oregon adopted the Uniform Premarital Agreement Act at ORS 108.700 through 108.740. Under ORS 108.710, a premarital agreement must be in writing and signed by both parties, and it is enforceable without consideration. It becomes effective on marriage (ORS 108.715). Couples may contract about property rights, disposition of assets at separation or divorce, and the modification or elimination of spousal support — with the important public-assistance limit in ORS 108.725 described below.
An Oregon prenup is enforceable when it is written, signed, voluntary, and either conscionable or backed by fair financial disclosure — with the burden of proof on the spouse challenging it.
ORS 108.710 requires a written agreement signed by both parties. Oregon does not require witnesses or notarization, and no consideration is needed.
Under ORS 108.725, the challenger must prove the agreement was not executed voluntarily. An unrushed signing well before the wedding is the best protection.
An agreement fails only if it was unconscionable when signed AND the challenging party received no fair and reasonable disclosure, did not waive disclosure in writing, and had no adequate knowledge of the other's finances.
Support can be modified or eliminated, but if the waiver would make a spouse eligible for public assistance or medical assistance at separation or divorce, a court may order support to the extent needed to avoid that eligibility.
| Governing statute | Uniform Premarital Agreement Act — ORS 108.700–108.740 |
|---|---|
| Property division | Equitable distribution |
| Notarization | Recommended (not required by statute) |
| Waiting period | None required — but sign well before the wedding |
| Spousal support | Can be waived, unless it forces public-assistance eligibility |
See how Oregon's signing formalities compare in our prenup notarization requirements by state guide.
Oregon courts set aside prenups only when the challenger proves an involuntary signing, or unconscionable terms combined with a failure of financial disclosure.
ORS 108.725 places the burden on the spouse attacking the agreement and instructs that unconscionability is decided by the court as a matter of law, judged as of the time of signing. The statute's one built-in override is the public-assistance safety valve for support waivers. In practice, Oregon prenups fail for the familiar reasons — hidden assets, wedding-week pressure, lopsided terms — all of which are avoidable with full schedules, early signing, and reasonable provisions.
Trusted Prenup creates a state-specific Oregon prenuptial agreement online — built to meet the requirements above and designed by James Sexton, Esq. A traditional attorney typically costs $2,500–$10,000; this is a flat $599.
A guided questionnaire captures your assets, debts, and wishes — most couples finish in under 90 minutes.
We assemble a complete prenup built to meet your state's exact legal requirements.
Review with your partner, then sign online with notarization handled for you.
An Oregon attorney-drafted prenup typically costs $2,000–$8,000+. Trusted Prenup creates a state-specific Oregon prenup online for a flat $599, with optional notarization and attorney-review add-ons.
No — ORS 108.710 requires only a written agreement signed by both parties, with no witnesses or notary. Notarization is still recommended to head off any later dispute about signatures, and it's available as an add-on.
Yes, but the challenger bears the burden under ORS 108.725: they must prove the signing was involuntary, or that the agreement was unconscionable and made without fair disclosure, a written disclosure waiver, or adequate knowledge of the other's finances.
Yes — Oregon expressly allows couples to modify or eliminate spousal support. The limit: if the waiver would leave a spouse eligible for public assistance or medical assistance at separation or divorce, a court can order support despite the agreement.
Yes — under ORS 108.720, a premarital agreement may be amended or revoked after marriage only by a written agreement signed by both spouses, and the change is enforceable without any new consideration.
No — Oregon uses equitable distribution, with a rebuttable presumption that both spouses contributed equally to property acquired during marriage. A prenup lets you replace that framework with rules you choose in advance.
Yes — Oregon enforces properly executed prenuptial agreements regardless of how they were drafted. What matters is execution: a written agreement, voluntary signatures, full financial disclosure, and Oregon's signing formalities. The full picture is in are online prenups legally binding.
Trusted Prenup is not a law firm and does not provide legal advice. This guide is general information about Oregon law and not a substitute for advice from a licensed attorney about your situation.