PREMARITAL AGREEMENT

(State of Oregon)

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
XI. Schedules

I. DOCUMENT HEADER

This Premarital Agreement (“Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

1. [FULL LEGAL NAME], residing at [ADDRESS] (“Party A”); and
2. [FULL LEGAL NAME], residing at [ADDRESS] (“Party B”).

Recitals
A. The Parties contemplate legal marriage in the State of Oregon on or about [MARRIAGE DATE].
B. The Parties desire to determine and allocate their respective rights and obligations in certain property, earnings, and liabilities, both during the marriage and upon its dissolution or the death of either Party.
C. This Agreement is intended to be a “premarital agreement” within the meaning of Or. Rev. Stat. §§ 108.700 – 108.740 (2023).
D. Each Party enters this Agreement voluntarily, after full and fair disclosure, and after the opportunity to consult independent legal counsel of their own choosing.

NOW, THEREFORE, in consideration of the mutual promises and covenants herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

II. DEFINITIONS

For purposes of this Agreement, capitalized terms have the meanings set forth below. Defined terms appear in alphabetical order.

1. “Agreement” has the meaning ascribed in the Document Header.
2. “Arbitrable Dispute” means any dispute subject to arbitration under Section VIII.B.
3. “Debt” means any liability, whether fixed or contingent, secured or unsecured, existing now or arising in the future.
4. “Disclosure Materials” means the financial statements, tax returns, and asset schedules delivered pursuant to Section IV.A.
5. “Marital Property” has the meaning assigned in Section III.A.2.
6. “Separate Property” has the meaning assigned in Section III.A.1.

[// GUIDANCE: Add additional defined terms (e.g., “Joint Account,” “Business Interests”) if relevant to the client’s situation.]

III. OPERATIVE PROVISIONS

A. Classification of Property
1. Separate Property. Except as expressly stated otherwise, all property owned by a Party as listed on that Party’s Schedule [A/B], together with all appreciation, substitutions, or proceeds thereof, shall remain such Party’s Separate Property.
2. Marital Property. Property acquired jointly by the Parties in writing after the marriage, and expressly designated “Marital Property,” shall be deemed Marital Property and held by the Parties as [tenants by the entirety / joint tenants with right of survivorship] unless otherwise stated.
3. Commingling. Commingling of Separate Property with Marital Property shall not convert Separate Property unless the owning Party: (a) explicitly so states in a signed writing, or (b) cannot trace the Separate Property by clear and convincing evidence.

B. Management, Control, and Disposition
1. Each Party shall have the sole right to manage, control, encumber, or dispose of his or her Separate Property without the consent of the other.
2. Any transfer of an interest in Marital Property shall require the written consent of both Parties.

C. Income and Earnings
1. Unless the Parties execute a contrary writing after the marriage, income derived from Separate Property shall remain Separate Property.
2. Wages, salaries, and professional earnings of either Party during the marriage shall be classified as [Separate / Marital] Property. [// GUIDANCE: Select classification consistent with client intent.]

D. Debts and Liabilities
1. Debts incurred before the marriage shall remain the sole responsibility of the incurring Party.
2. Debts incurred after the marriage shall be allocated in the same manner as the property to which the Debt relates, absent a contrary written agreement.

E. Spousal Support (Maintenance)
1. Waiver. Each Party knowingly and voluntarily waives the right to receive spousal support from the other, except as provided in Section E.2.
2. Savings Clause. If enforcement of the preceding waiver would render a Party eligible for public assistance, the Parties agree that a court of competent jurisdiction may order such support as is necessary to avoid that outcome, consistent with Or. Rev. Stat. § 108.725(2).

F. Estate Rights
1. Waiver of Statutory Elective Share. Each Party waives any statutory rights to an elective share, intestate succession, homestead, or family allowance in the estate of the other, except as expressly provided in any later-executed will or trust.
2. Testamentary Freedom. Nothing herein restricts either Party from making voluntary testamentary gifts in favor of the other.

G. Gifts and Joint Property
1. Any gift expressly declared in writing by the donor-Party to be for the sole and separate use of the donee-Party shall constitute Separate Property of the donee-Party.
2. Property purchased in joint names and expressly identified as joint property shall be Marital Property notwithstanding the source of purchase funds.

H. Conditions Precedent
1. This Agreement shall become effective only upon the solemnization of the Parties’ marriage.
2. If the contemplated marriage does not occur on or before [OUTSIDE DATE], this Agreement shall be void ab initio.

IV. REPRESENTATIONS & WARRANTIES

A. Full and Fair Disclosure
1. Each Party represents that he or she has provided the other with complete, accurate, and current Disclosure Materials.
2. Schedules A and B are incorporated herein by reference and form an integral part of this Agreement.

B. Independent Legal Counsel
1. Each Party acknowledges that he or she has been advised of the right to consult separate legal counsel and has [consulted counsel / knowingly waived such right].
2. The Parties warrant that any waiver of counsel was made voluntarily and not under duress or undue influence.

C. Voluntariness & Capacity
1. Each Party represents that he or she is entering this Agreement voluntarily, is of legal age, and is not under any impairment affecting capacity to contract.
2. Each Party further represents that this Agreement is not entered into as a result of fraud, duress, coercion, or undue influence.

D. Survival
The representations and warranties set forth in this Article IV shall survive the execution and continued validity of this Agreement.

V. COVENANTS & RESTRICTIONS

A. Ongoing Cooperation
Each Party covenants to execute all documents reasonably necessary to carry out the purpose and intent of this Agreement, including deeds, assignments, and beneficiary designations.

B. Notice of Material Changes
A Party shall provide written notice to the other within thirty (30) days of any material change in that Party’s Separate Property with an aggregate value variation exceeding [THRESHOLD AMOUNT].

C. Taxes
The Parties shall file [joint / separate] federal and state income tax returns unless they mutually agree otherwise in writing.

VI. DEFAULT & REMEDIES

A. Events of Default
1. Material breach of any covenant or obligation under this Agreement.
2. Knowingly submitting materially false Disclosure Materials.

B. Notice and Cure
The non-defaulting Party shall provide written notice specifying the alleged default and a thirty (30) day cure period.

C. Remedies
1. Specific Performance. The Parties recognize that monetary damages may be inadequate; therefore, non-defaulting Party shall be entitled to specific performance or injunctive relief, as provided in Section VIII.D.
2. Damages. If specific performance is unavailable, the non-defaulting Party may recover direct damages subject to the liability cap in Section VII.B.
3. Attorneys’ Fees. The prevailing Party in any enforcement action shall be entitled to reasonable attorneys’ fees and costs.

VII. RISK ALLOCATION

A. Mutual Indemnification
1. Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party (“Indemnified Party”) from and against all third-party claims, losses, or expenses arising from:
a. The Indemnifying Party’s breach of this Agreement; or
b. Any inaccuracy in the Indemnifying Party’s Disclosure Materials.
2. Procedure. The Indemnified Party shall promptly notify the Indemnifying Party of any indemnifiable claim and allow the Indemnifying Party to assume defense, subject to counsel reasonably satisfactory to the Indemnified Party.

B. Limitation of Liability
1. Cap. Except for intentional misconduct or fraud, each Party’s aggregate liability under this Agreement shall not exceed the greater of:
a. The total value of such Party’s Separate Property as disclosed on Schedule [A/B]; or
b. $[DOLLAR CAP].
2. Exclusions. The foregoing cap shall not apply to:
a. Obligations to pay attorneys’ fees awarded under Section VI.C.3;
b. Claims arising from willful misconduct or fraud.

C. Insurance
Each Party shall maintain, at his or her own expense, appropriate liability insurance coverage consistent with customary personal risk management practices.

D. Force Majeure
Neither Party shall be liable for failure to perform obligations (other than payment obligations) due to events beyond reasonable control, including acts of God, war, terrorism, pandemics, or governmental restrictions.

VIII. DISPUTE RESOLUTION

A. Governing Law
This Agreement and any dispute arising hereunder shall be governed by the domestic relations laws of the State of Oregon, without regard to conflict-of-laws principles.

B. Arbitration (Limited Availability)
1. Scope. Only Arbitrable Disputes concerning classification or valuation of property (excluding issues of spousal support or child-related matters) shall be subject to binding arbitration.
2. Rules. Arbitration shall be conducted in Portland, Oregon under the then-current rules of the American Arbitration Association (“AAA”), before a single arbitrator with at least ten (10) years’ family-law experience.
3. Award. The arbitrator’s award shall be final and may be confirmed in any court of competent jurisdiction.

C. Forum Selection
All non-arbitrable disputes shall be resolved exclusively in the Circuit Court of the State of Oregon, Family Law Division, [COUNTY].

D. Injunctive Relief
Each Party reserves the right to seek temporary, preliminary, or permanent injunctive relief (including specific performance) in any court of competent jurisdiction to enforce this Agreement pending arbitration or litigation.

E. Jury Waiver
The Parties acknowledge that family-law matters in Oregon are tried without a jury; accordingly, no jury trial waiver is required.

IX. GENERAL PROVISIONS

A. Amendments and Waivers
No amendment or waiver of any provision shall be effective unless in a writing signed by both Parties. Failure to enforce any provision shall not constitute a waiver of future enforcement.

B. Assignment
This Agreement is personal to the Parties and may not be assigned or delegated without the prior written consent of the other Party.

C. Successors and Assigns
Subject to Section IX.B, this Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators, and permitted assigns.

D. Severability
If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force, and the court shall reform the invalid provision to the minimum extent necessary to render it enforceable while preserving the Parties’ intent.

E. Integration / Merger
This Agreement, including all Schedules, constitutes the entire understanding between the Parties and supersedes all prior or contemporaneous oral or written agreements concerning its subject matter.

F. Counterparts; Electronic Signatures
This Agreement may be executed in counterparts, each of which shall be deemed an original. Signatures transmitted by facsimile, e-mail (PDF), or any electronic signature compliant with the federal E-SIGN Act shall be deemed original signatures.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Premarital Agreement as of the Effective Date.

DATE: _________

NOTARIZATION

State of Oregon )
County of ______ ) ss.

On this ___ day of _, 20, before me, the undersigned Notary Public, personally appeared ____ and ______, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

Notary Public for Oregon
My Commission Expires: ______

[// GUIDANCE: Some Oregon counties require an additional witness signature. Verify local recording requirements before execution.]

XI. SCHEDULES

Schedule A – Party A’s Statement of Separate Property and Debts
Schedule B – Party B’s Statement of Separate Property and Debts

[// GUIDANCE: Attach detailed schedules, including valuations, account numbers (redacted as appropriate), real property legal descriptions, and supporting documents.]