Portland Family Law Lawyer: Is a Prenuptial Agreement Right For Me?

When you hear prenuptial, thoughts often go to grand sums of money or incredibly valuable assets. However, no matter what your current financial picture in life, a prenuptial agreement can be valuable and practical for any couple considering marriage or an unregistered domestic relationship. The document often serves as a constructive avenue to discuss financial and money matters prior to the marriage.

Prenuptial agreements can help you protect your future in a wide array of matters – how shared property will be divided if a divorce arises; how you can keep your property you entered the marriage or relationship with after a dissolution; determining future spousal support or alimony; establishing the workload of each person during the marriage such as child rearing, work around the household and home, and handling of finances; ascertaining how taxes will be filed; confirming the responsible party for income tax liabilities; and preservation of money for children from a previous marriage. For many couples, prenuptials make sense, especially if entering into their second marriage in life.

Prenuptial agreements must – be in writing; be signed before the marriage; and allow each partner the opportunity to receive complete notice of property and financial duties before signing. While prenuptial agreements are rarely not upheld, a common theme in Oregon case law relating to invalidating prenuptial agreements is that one party was fraudulently induced to signing the document or that there was a lack of consideration to bind the agreement. The second common theme used to defend prenuptial agreements occurs when the parties, over the course of the marriage and relationship, do not live according to the agreement. Because the formalities relating prenuptial agreements should be closely adhered to, it is often a good idea to first contact a Portland Oregon Family Law and Divorce attorney before drafting, signing, or trying to enforce a prenuptial agreement.

Prenuptial agreements cannot – inhibit a child’s right to receive child support; be used to deliberately defraud preexisting creditors; or contain illegal activity.

To protect your best interests, it is beneficial for each potential mate to have counsel. Even if you don’t view your property or money as ornate, a prenuptial agreement can be beneficial to you, your mate, and your future.