You are one lucky person. You’re about to marry the love of your life, AND you’ve chosen the most picturesque setting in the entire country to say, “I do.” Whether the backdrop to your big day is a lush forest, a breathtaking coastline, or a majestic mountainscape, your wedding will be awe-inspiring. Congratulations! And not just on your venue and engagement, but also on your wise decision to include a prenup on your wedding to-do list! Marriage is a union where two people blend their individual worlds and become one in many ways. It’s smart to prioritize financial planning and have important conversations before merging your lives forever!
Prenuptial agreements allow couples to decide now how their assets and debts will be divided in the future. Of course, the hope is that you two sign the agreement and never need to look at it again. But, if the time does come, you and your partner have already had the hard conversations, thereby decreasing the confusion, drama, and legal expense that often come with failing to plan ahead. Well done, you! But first, you have questions. Do I need to hire an attorney? What are the requirements for a valid prenup? Continue reading to get the answers to your questions and more!
Is a lawyer required for a valid prenuptial agreement in Oregon?
Oregon doesn’t require you to hire an attorney for a valid and enforceable prenuptial agreement (aka “premarital agreement” in Oregon). But make sure there’s enough time between when you sign the agreement and the wedding! Both you and your partner should have a reasonable amount of time before signing to consult independent attorneys, even if you don’t end up hiring one. To be valid in Oregon, a prenup must be signed voluntarily. When assessing the voluntariness of a signature, a court wants to see that there was adequate time for attorney consultations (In re Marriage of Rudder (2009).
In one case, an Oregon court upheld the validity of a prenup because a party sought the advice of independent counsel after her husband encouraged her to do so (Matter of Marriage of Yager (1998)). Alternatively, a different Oregon court invalidated a prenup when the party did not consult a lawyer before signing and was not informed of her right to have an independent attorney (Kosik v. Georg, (1969)).
Bottom line, you can create a prenup without an attorney, but you must, at least, have enough time to consult lawyers independently if you choose to do so before signing. Also, make sure that both you and your partner understand your rights to hire a separate attorney.
Does Oregon uphold prenups?
Oregon generally upholds prenuptial agreements; however, if the prenup is contested in the future, a court will consider all the circumstances surrounding the signing. Was there adequate time to consult an attorney? Was there fair and reasonable disclosure of financial property and obligations? The court will ask many questions to determine whether an agreement was fair and entered into voluntarily.
The Oregon statute on prenups understands “voluntarily” to imply a lack of coercion, intimidation, or undue pressure, in addition to a degree of knowledge of the terms of the agreement and the property affected (ORS 108.725(1)(a)). The timing of the agreement in relation to the wedding, a sufficient opportunity to consult with independent counsel, the comparative sophistication of the parties, and adequate disclosure of assets and debts are among the factors a court will consider.
In the Oregon case, In Re Marriage of Rudder, the husband presented a prenup to his wife the day before their wedding. With such short notice, she was unable to have an attorney review it and explain the consequences of the legal language. She also lacked an understanding of his assets, and his financial disclosures did not include the value of each asset. The court found that she did not voluntarily sign the agreement since she did not have a reasonable opportunity to review the prenup, and she wasn’t aware of his financial situation. Without a voluntary signature, the prenup was unenforceable (In Re Marriage of Rudder (2009)).
Do we both need a lawyer, or can only one person hire one?
As we’ve discussed, Oregon doesn’t require you to hire an attorney. There are also no laws preventing only one of you from hiring a lawyer. But, as you likely learned in childhood…just because you can do something, it doesn’t mean you should! If you sense that your prenuptial agreement might significantly favor one party over the other, the disadvantaged party should hire an attorney. If the disadvantaged party remains unrepresented, a court will recognize that the party who will suffer from enforcement of the contract didn’t have an attorney to thoroughly explain the meaning of the prenup. Unfortunately, many people sign contracts without fully understanding the consequences of their signature. But, with prenups, this could invalidate the agreement entirely.
Can we share a lawyer?
An attorney should not represent both you and your fiancé in drafting a prenuptial agreement. This would violate the attorney’s fiduciary duty to prioritize the clients’ individual needs and desires. A prenup essentially determines how the assets and liabilities acquired during the course of the marriage will be divided if there’s a divorce in the future. Naturally, what is best for you financially is likely in direct contradiction to what might be best for your former partner. An attorney needs the freedom to fully and thoroughly advocate for you apart from the other party’s opinions and needs. Additionally, it’s probable that a court would invalidate a prenup where the parties share a lawyer because it could call into question whether the agreement is fair and the signatures are voluntary.
Can I write my own prenuptial agreement?
Yes, you can draft your own prenuptial agreement in Oregon. But, if drafting agreements, specifically prenups, is not something you have experience with, creating the prenup yourself is not recommended. Just as you wouldn’t perform a root canal on a coworker who needs to save money on dentist bills or dismantle your air conditioner in the heat of summer to figure out what’s making that ticking sound… you should hesitate before drafting an agreement that could have a profound effect on your future financial health.
It makes sense that you want to save money right now and find a loophole in the nonstop pre-wedding spend. But saving some money in the short term could have detrimental effects later if the court finds errors in the language of your prenup, rendering it invalid. HelloPrenup’s agreements are engineered by experienced attorneys who understand the critical nuances of Oregon prenup law. Our platform does the heavy lifting on your prenup, so you can get to work checking off the rest of your wedding to do list!
What are the legal requirements for a valid prenup in Oregon?
Oregon courts generally uphold prenuptial agreements, but they may look closely at the circumstances surrounding the signing of the prenup before determining its validity if the agreement is challenged. Prenuptial agreements in the state of Oregon are governed by Oregon Revised Statutes. In order to be enforceable, the following elements must be true:
- The prenup was in writing.
- The parties voluntarily signed the agreement.
- There was full financial disclosure of assets, liabilities, and financial obligations.
- The agreement was not unconscionable at signing.
Looking at it from the other side, if a party contests a prenup, Section 108.725 of the Oregon Revised Statutes elaborates on what the contesting party must prove for the court to rule the prenup unenforceable. The contesting party must prove:
- The prenup was not executed voluntarily.
- The language in the prenup was unconscionable when signed, and
- Before signing the prenup,
- The contesting party was not given fair and reasonable disclosure of the financial obligations or property of the other party, and
- The contesting party did not voluntarily and expressly waive the right to further financial disclosure.
- The party did not have or reasonably could not have had adequate knowledge of the financial situation of the other party (O.R.S. § 108.725).
It’s clear to see that the language in a prenup and the circumstances surrounding the signing of the agreement are critical to its success.
How much does a prenup lawyer cost in Oregon?
Would it make you feel better if I said prenup lawyers are generally cheaper than the wedding itself?! No? I didn’t think so. According to a HelloPrenup survey of family law attorneys across the country, the national average for a prenup for both parties is approximately $8,000. That’s a lot of money you’d probably like to invest elsewhere! However, as we’ve discussed, having an attorney draft or review your agreement could prove to be worth every penny if the validity of your agreement is contested in the future. There is great news, though! HelloPrenup charges a fraction of the fees most family lawyers charge. With a flat rate—yes, a flat rate—you can receive a well-crafted, personalized prenuptial agreement, and even add on attorney services
How do I find a prenup lawyer in Oregon?
When searching for an attorney to draft your prenup in Oregon, first start with referrals from family and friends, then you can explore the lawyer referral service on the Oregon State Bar website. When choosing your attorney, make sure that their reviews are respectable and that the lawyer has experience in drafting prenuptial agreements! This cannot be overstated. You’re paying for someone’s expertise, so make sure they have some! Also, visit HelloPrenup’s website to explore our platform and our network of independent attorneys, with several licensed in Oregon, who are experienced in drafting prenuptial agreements.
The bottom line on prenup lawyer requirements in Oregon
Oregon does not require you to hire an attorney, however you and your betrothed should have an adequate amount of time between the presentation of a prenup and your wedding to allow for attorney consultations. Make sure that you disclose your financial assets and obligations fairly and reasonably, including the values of each. Find a trusted online prenup platform like HelloPrenup to draft your agreement or hire an attorney in your area who has experience with these important documents. Now, you’ve spent enough time staring at this screen and educating yourself on prenuptial agreements. Go run around outside, inhale that fresh Oregon air, hug a tree, and carpe diem!
Sarah M. Litowich is a Salem-based attorney with deep Oregon roots. She founded Litowich Law to help families with estate planning, probate, and protective proceedings. Her diverse legal background — including family law, guardianships, asset division, and criminal cases — gives her valuable insight across complex matters.
Sarah holds a master’s degree in conflict resolution and takes a relationship-centered, long-term approach to legal work. She prioritizes helping clients make informed decisions that support both their goals and family dynamics. Since 2020, she has been recognized as a Super Lawyers Rising Star.
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