Oregon Prenuptial Agreement With Infidelity Clause

State:
Oregon
Control #:
OR-P035-PKG
Format:
Word; 
Rich Text
Instant download

Description

This package can be used by persons who have been previously married, or by persons who have never been married. It includes provisions regarding the contemplated marriage, assets and debts disclosure and property rights after the marriage. The forms describe the rights, duties and obligations of prospective parties during and upon termination of marriage through death or divorce.


These forms are often used by individuals who want to ensure the proper and organized disposition of their assets in the event of death or divorce. Among the benefits that prenuptial agreements provide are avoidance of costly litigation, protection of family and/or business assets, protection against creditors and assurance that the marital property will be disposed of properly.


Included in your package are the following forms:



1. Prenuptial Premarital Agreement without Financial Statements;

2. Amendment to Prenuptial or Premarital Agreement;

3. Financial Statements only in Connection with Prenuptial Premarital Agreement;

4. Revocation of Premarital or Prenuptial Agreement

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Premarital Agreement

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FAQ

A couple may write their prenup because Oregon law only requires the agreement to be in writing and signed by both parties. The agreement is a legal contract that must comply with the Oregon law, and in some instances, court rulings.

Adultery can still be listed as a ground (reason) why the divorce was filed, but most states typically will not monetarily sanction a spouse who has been unfaithful, unless the unfaithful spouse spent marital money on a lover, in which case the court could order reimbursement of a portion of that marital money to the

Occasionally, some unusual provisions are included in the prenuptial agreement. One example is one clause imposing a monetary fine if one party had been unfaithful. The fine was reduced if they confessed within 48 hours. It might be good in theory, but legally speaking, it's completely unenforceable.

However, while Oregon courts have enforced postnuptial agreements, they do not have statutory authorization as do prenuptial agreements. It is important to obtain the guidance of a family law attorney expert in such matters. The prospect of your marriage ending may be the last thing on your mind.

Let's start with the basics a non-cheating or infidelity clause is just one type of provision that can be added to a prenuptial agreement (prenup). Basically, rather than leaving it up to the fate of a court ruling, a prenup outlines how finances will be split between a couple in the case of a divorce.

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I hate it when I see the phrase in the prenuptial agreement, "Neither of us would have married but for entering into this Agreement. Some contain child custody arrangements, spousal support provisions, and an infidelity clause.Why a Postnuptial and Not a Prenuptial? When a couple becomes involved, the thought of divorce after marriage is generally far from either's mind. The chapter concludes with a complete sample agreement.

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Oregon Prenuptial Agreement With Infidelity Clause