Portland Oregon Postnuptial Agreements Package

State:
Oregon
City:
Portland
Control #:
OR-P089-PKG
Format:
Word; 
Rich Text
Instant download

Description

This package can be used by married persons who wish to define and specify their respective and collective rights in the separate and joint property of the parties. These forms are often used by couples who want to ensure the proper and organized disposition of their assets in the event of death or divorce. Among the benefits that postnuptial 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. Postnuptial Property Agreement;


2. Amendment to Postnuptial Property Agreement; and


3. Revocation of Postnuptial Property Agreement.

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  • Preview Oregon Postnuptial Agreements Package
  • Preview Oregon Postnuptial Agreements Package
  • Preview Oregon Postnuptial Agreements Package

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FAQ

Generally speaking, to make a postnuptial agreement valid, both parties' signatures need to be notarized. Some state laws may impose additional requirements, such as a requirement that the parties' signatures be witnessed.

Postnups are particularly beneficial when one or both partners have significant pre-marital assets or children from previous marriages. With failed marriages, postnups can eliminate expensive and acrimonious divorce battles.

Spouses suffering from martial strife may consider a postnuptial agreement. Such agreements are identical, in substance, to prenuptial agreements. However, while Oregon courts have enforced postnuptial agreements, they do not have statutory authorization as do prenuptial agreements.

Postnups are not strictly legally binding, but they can be more likely to be upheld than prenuptial agreements because there is no looming wedding date putting pressure on the couple to sign up.

It is important to note that in contrast to a prenuptial agreement, Oregon has no specific statute that requires the enforcement of a postnuptial agreement. Despite this, Oregon courts have enforced such agreements.

Understanding Postnuptial Agreements It must be in writing.It must be entered into voluntarily by both parties. It requires full and fair disclosure of relevant information at the time of execution. Terms must not be unconscionable or unjust or one-sided in nature. Both parties must sign the agreement.

A postnuptial agreement cannot provide enforceable terms for child support or custody. However, it can include provisions for alimony since that is considered separately from a spouse's duties as a parent.

You can create a Postnuptial Agreement at any time during your marriage. Postnuptial Agreements can be useful in both new and established marriages. If you need an agreement prior to marriage, use a Prenuptial Agreement. Don't use a Postnuptial Agreement if you're contemplating separation or divorce.

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Portland Oregon Postnuptial Agreements Package