Chapter 108 — Spousal Relationships; Property Rights; Premarital Agreements
ORS 108.725 Party may prove agreement unenforceable; when court may require support; determination of unconscionability
A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:
That party did not execute the agreement voluntarily; or
The agreement was unconscionable when it was executed and, before execution of the agreement, that party:
Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance or medical assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.
An issue of whether a premarital agreement is unconscionable shall be decided by the court as a matter of law.
Note: See note under 108.700.
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Provenance
2023 Oregon Revised Statutes
Official online edition
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- oregonlegislature.gov
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Version history
Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.
2025 Oregon Revised Statutes — official online source · active · operative text
Official source2023 Oregon Revised Statutes · active · operative text
Official source