Spousal Relationships

ORS 108.710
Subjects of agreement

  • child support not to be adversely affected


(1)

Parties to a premarital agreement may contract with respect to:

(a)

The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;

(b)

The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of or otherwise manage and control property;

(c)

The disposition of property upon separation, marital dissolution, death or the occurrence or nonoccurrence of any other event;

(d)

The modification or elimination of spousal support;

(e)

The making of a will, trust or other arrangement to carry out the provisions of the agreement;

(f)

The ownership rights in and disposition of the death benefit from a life insurance policy;

(g)

The choice of law governing the construction of the agreement; and

(h)

Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

(2)

The right of a child to support may not be adversely affected by a premarital agreement. [1987 c.715 §3]
Note: See note under 108.700 (Definitions for ORS 108.700 to 108.740).

Notes of Decisions

Agreement regarding choice of law governing construction of contract does not constitute choice of law governing disposition of property on dissolution. Proctor and Proctor, 203 Or App 499, 125 P3d 801 (2005), modified 204 Or App 250, 129 P3d 186 (2006), Sup Ct review denied

§§ 108.700 to 108.740

Law Review Citations

43 WLR 421 (2007)


Source

Last accessed
Jun. 26, 2021