What form does Oregon require?
Oregon Revised Statutes section 108.705 supplies the cited writing requirement.
- ORS 108.705 · An Oregon premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
OR · evidence preparation
Oregon prenup checklist.
Use these prompts to collect the agreement, schedules, timeline, and outside records needed for an evidence-based first review.
Package or-2026-07-22.3 · checked 2026-07-22 · editorially verified.15issues checked
13with state records
2visible gaps
2026-07-22effective-through label
State-specific manual editorial
Oregon's Uniform Premarital Agreement Act in sections 108.700 through 108.740 covers writing, content, effect, modification, and enforcement.
Oregon's package separates the document's permitted subjects from the voluntariness and financial evidence required for enforcement review.
Questions people actually ask
Oregon review, without pretending the facts are settled.
Each answer is tied to source IDs in the current state package. Open the citations and check for later authority before relying on a proposition.
What child-support protection appears?
Section 108.710 preserves child-support rights while cataloguing permitted subjects.
- ORS 108.710(1) · Permitted subjects include property rights and control, disposition, modification or elimination of spousal support, estate-planning arrangements, life-insurance benefits, choice of law for construction, and other personal rights and obligations not violating public policy or criminal law.
Where are enforcement safeguards found?
Section 108.725 supplies Oregon's cited voluntariness and financial safeguards.
- ORS 108.725(1)(a) · The party resisting enforcement in Oregon bears the burden to prove that the agreement was not executed voluntarily.
Worked issue-spotting examples
How document facts become research questions.
These examples do not predict an outcome. They show the boundary between a fact pattern, a source-backed issue, and the legal judgment still required.
The unsigned modification
The spouses later agree verbally to change a property term. Oregon has a dedicated modification provision, making the later document trail a threshold issue.
Question to carry forward: Did the later agreement satisfy Oregon's statutory modification requirements?
- ORS 108.705 · An Oregon premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
- ORS 108.710(1) · Permitted subjects include property rights and control, disposition, modification or elimination of spousal support, estate-planning arrangements, life-insurance benefits, choice of law for construction, and other personal rights and obligations not violating public policy or criminal law.
The child-support cap
A provision caps future child support. Oregon's content section protects the child's right to support from adverse contractual effect.
Question to carry forward: How should counsel separate the child-support term from otherwise contractible subjects?
- ORS 108.710(1) · Permitted subjects include property rights and control, disposition, modification or elimination of spousal support, estate-planning arrangements, life-insurance benefits, choice of law for construction, and other personal rights and obligations not violating public policy or criminal law.
Signing formalities
Confirm the complete agreement and every incorporated schedule use the required form and signatures.
- ORS 108.705 · An Oregon premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
Acknowledgment
Check whether the agreement or a related instrument uses an acknowledgment, notarization, witness, or recording formality.
No separate source record is catalogued for this topic. That is a research-coverage statement, not a claim that no applicable law exists.
Effective date
Identify the event and date on which the agreement says it becomes effective.
- ORS 108.715 · An Oregon premarital agreement becomes effective upon marriage.
- Purcell and Purcell, 99 Or. App. 668, 783 P.2d 1038 (1989) · Purcell quotes the 1987 Act's January 1, 1988 effective date and its application only to agreements executed on or after that date, then applies pre-Act law to a 1985 agreement and permits temporary support on that record.
Permitted subjects
Map each material clause to a subject the cited authorities address and flag terms requiring separate authority.
- ORS 108.710(1) · Permitted subjects include property rights and control, disposition, modification or elimination of spousal support, estate-planning arrangements, life-insurance benefits, choice of law for construction, and other personal rights and obligations not violating public policy or criminal law.
Property
Reconcile property labels with title, income, appreciation, debt, and disposition terms.
- ORS 108.700 · Oregon defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective upon marriage, and defines property broadly to include present, future, legal, equitable, vested, contingent, real, personal, income, and earnings interests.
Spousal support
Identify every support waiver, cap, formula, review event, and enforcement-time safeguard.
- Annotations to ORS 108.710 and 108.725 · Oregon's official annotations identify Bridge for the necessary-support limit on a spousal-support waiver, Proctor for the limited effect of a construction choice-of-law clause, and Rudder for the statutory meaning of voluntary execution.
Children and support
Flag any term that attempts to predetermine child support, custody, or another child-related decision.
- ORS 108.710(2) · An Oregon premarital agreement may not adversely affect a child's right to support.
Amendment and revocation
Confirm every claimed amendment or revocation is complete and follows the applicable form.
- ORS 108.720 · After marriage, amendment or revocation requires a written agreement signed by the parties and is enforceable without consideration.
Voluntariness
Build a factual timeline of drafts, negotiations, pressure, capacity, language access, and signing.
- ORS 108.725(1)(a) · The party resisting enforcement in Oregon bears the burden to prove that the agreement was not executed voluntarily.
Financial disclosure
Compare the agreement and schedules against assets, debts, income, business interests, trusts, and any waiver.
- ORS 108.725(1)(b), (3) · Oregon's execution-time unconscionability ground also requires all three statutory disclosure conditions: no fair and reasonable disclosure, no voluntary express written waiver, and no adequate knowledge of the other party's property or financial obligations.
Independent counsel
Record who advised each party, when advice occurred, and which draft was reviewed.
- Rudder and Rudder, 230 Or. App. 437, 217 P.3d 183 (2009) · Rudder held the agreement involuntary on its record after considering last-minute presentation, requested but unavailable independent counsel, incomplete disclosure, financial sophistication, and the party's knowledge of the agreement and affected property.
Timing
Measure the time between first draft, material revisions, legal review, wedding, and signing.
No separate source record is catalogued for this topic. That is a research-coverage statement, not a claim that no applicable law exists.
Public assistance
Identify support terms that could interact with public-benefit eligibility at enforcement.
- ORS 108.725(2); 2013 Or. Laws ch. 688, § 12 · A court may require support to the extent necessary to avoid eligibility for public assistance or medical assistance caused by a support modification or elimination at separation or dissolution.
Void marriage
Identify whether the agreement addresses a marriage later determined to be void.
- ORS 108.730 · If a marriage is void, an otherwise premarital agreement is enforceable only as necessary to avoid an inequitable result.
Other limitations
Identify severability, limitations, public-policy, choice-of-law, and other enforcement boundaries.
- ORS 108.735 · Oregon tolls an applicable limitation period for a premarital-agreement claim during marriage while preserving equitable time defenses including laches and estoppel.
- ORS 108.740; 1987 Or. Laws ch. 715 · Oregon designates the sections as its Uniform Premarital Agreement Act, directs uniform construction, and preserves valid applications if another provision or application is invalid.
Matrix and list placement describes the records in PrenupsAI's current evidence packages. It does not rank legal strictness, predict enforceability, or mean that an unlisted state has no applicable rule. Open the cited sources to inspect the underlying authority.
Method, not a verdict
How to turn fifteen prompts into a defensible review file.
331 words of shared evidence methodology accompany the state-specific editorial and authority records above.
Use the checklist as an evidence map
Work from the complete agreement outward. Preserve the best available signed copy, every incorporated schedule, and any amendment or revocation before answering individual questions. For each checklist row, distinguish three things: what the document says, what an outside record can prove, and what the cited authority addresses. Those categories overlap, but they are not interchangeable. A recital may identify the parties’ stated understanding without proving delivery; a bank statement may prove an account existed without deciding its legal classification; a statute may identify a standard without resolving disputed facts.
Mark an item complete only when the underlying record is identified, not merely because the agreement contains reassuring language. If a source is absent, record the gap and route it for research. Do not convert ‘not separately catalogued’ into ‘no law exists.’ That discipline is what makes the checklist useful across both dense statutory packages and states whose rules depend more heavily on cases or adjacent bodies of law.
Keep a source-and-version trail
Record the package version and effective-through date shown above, the date each authority was opened, and whether a later-authority search was performed. Save exact clause quotes with page or section references. When facts change—through relocation, marriage, amendment, property transfer, separation, death, or litigation—create a new review snapshot rather than overwriting the old one. The resulting trail lets another reviewer understand which document, facts, and legal source set supported each observation.
A checklist can identify missing evidence and research questions; it cannot certify validity, predict enforcement, select governing law, or replace a time-sensitive professional judgment. Use narrow language such as ‘the reviewed file does not contain the referenced schedule’ instead of ‘no disclosure occurred.’ That difference is not defensive filler. It is the basic quality control that keeps evidence reporting accurate.
End each review with a dated list of unresolved facts, assigned follow-up work, and the authority that made each question material. A visible open item is safer than an unsupported green check.