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.