Pre-Nuptial Agreements
Skilled Lawyer for Oregon Pre-Nuptial Agreements
While most couples like to believe their marriage will last forever, there are no guarantees. Statistics show about half of all marriages still end in divorce or legal separation. Pre-nuptial agreements can provide both spouses with peace mind should divorce become an unfortunate reality.
Pre-nuptial agreements must be properly prepared in order to be enforceable. Contact Johnston, Root & Leibenguth, P.C., in Portland, Oregon, online or by phone at (503) 946-5373 for experienced assistance.
Drafting Effective Pre-Nuptial/Pre-Marital Agreements
Oregon is not a community property state. Depending on how personal and marital assets are acquired and managed during the marriage, a judge will order your collective assets and property to be distributed "equitably" — not necessarily equally — in the divorce. Without a valid pre-nuptial agreement any personal assets and financial holdings prior to and during the marriage can become part of the property settlement.
Our family law attorneys offer the experience to effectively handle divorces and legal separations, including complex and high net worth divorces other area firms turn away. We can help you draft and put a signed pre-nuptial agreement in place to protect your interests, and your spouse's, involving:
- Real property assets such as homes, cabins, undeveloped land, cars
- Financial holdings and related earnings from bank accounts, stocks, pensions and 401Ks
- Business interests including a family-held business or commercial partnership
- Family heirlooms and inherited interests
- Patents, copyrights, music, art work and other lucrative personal holdings
- Other specific provisions regarding land, buildings and investments
We can ensure you and your spouse have separate representation and that your pre-nuptial agreement isn't created or signed under duress.
Enforcing Pre-Marital Agreements
Pre-marital agreements are generally favored by people with significant assets, those entering a second marriage, and those wishing to provide for children from a previous marriage in the event of death or divorce. Enforcing pre-nuptial agreements requires good faith, just terms, and full disclosure of critical financial information, assets and liabilities.
We will help ensure your pre-marital agreement is in compliance with all statutes, it is enforceable and will be upheld by the court in the event the document is contested by your spouse.
For more information or to schedule an appointment with an experienced pre-nuptial agreements lawyer, please contact us.
