Rearrange Pages In Legal Oregon Postnuptial Forms For Free

A prenuptial agreement is a contract written prior to a marriage that defines terms of divorce to foresee a positive outcome for both spouses in the event of a dissolution. A postnuptial agreement is a simple prenuptial but written after a marriage is performed.

With a postnuptial agreement, the couple is already legally bound and the spouses owe a fiduciary duty to each other. There may be a concern that the provisions in a postnuptial agreement were not bargained for because one spouse did not really have a choice about signing the agreement.

As a result, special care must be taken when drafting Oregon post-nuptial agreements. Certain issues, if present, can result in a post-marital agreement being declared void or unenforceable by the court. For example, if a marriage was void from its inception, any post-nuptial agreement would not be enforceable.

The main difference is timing ? prenups are done before marriage and postnups are done after. While both may be tough to enforce, postnups are sometimes seen as shakier, but may be the only way to address these matters after a couple is already married.

Before proceeding with a postnup, it's also worth keeping in mind that these agreements are easier to enforce in some states than in others. Most courts tend to uphold the agreements as long as they're written, signed without coercion, and involve a full disclosure of financial information on both sides.

Prenups are only valid if they are completed (i.e., signed) before getting married. However, you're not SOL if you are already married. You can consider getting a postnuptial agreement (a.k.a. postnup) instead of a prenup.