Spousal Relationships

ORS 108.725
Party may prove agreement unenforceable

  • when court may require support
  • determination of unconscionability


(1)

A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:

(a)

That party did not execute the agreement voluntarily; or

(b)

The agreement was unconscionable when it was executed and, before execution of the agreement, that party:

(A)

Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;

(B)

Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and

(C)

Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

(2)

If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance or medical assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.

(3)

An issue of whether a premarital agreement is unconscionable shall be decided by the court as a matter of law. [1987 c.715 §6; 2013 c.688 §12]
Note: See note under 108.700 (Definitions for ORS 108.700 to 108.740).

Notes of Decisions

In General

Prenuptial agreement waiving spousal support is enforceable unless enforcement deprives spouse of necessary support that cannot be obtained elsewhere. Bridge and Bridge, 166 Or App 458, 998 P2d 780 (2000), Sup Ct review denied

"Voluntarily" implies knowledge of terms of agreement and property affected by those terms and lack of coercion, intimidation, or undue pressure. Rudder a nd Rudder, 230 Or App 437, 217 P3d 183 (2009), Sup Ct review denied

Law Review Citations

Under Former Similar Statute (Ors 108.140)

10 WLJ 122 (1973); 53 OLR 498-500 (1974)

In General

43 WLR 421 (2007)

§§ 108.700 to 108.740

Law Review Citations

43 WLR 421 (2007)


Source

Last accessed
Jun. 26, 2021