2017 ORS 108.710¹
Subjects of agreement
  • child support not to be adversely affected

(1) Parties to a premarital agreement may contract with respect to:

(a) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;

(b) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of or otherwise manage and control property;

(c) The disposition of property upon separation, marital dissolution, death or the occurrence or nonoccurrence of any other event;

(d) The modification or elimination of spousal support;

(e) The making of a will, trust or other arrangement to carry out the provisions of the agreement;

(f) The ownership rights in and disposition of the death benefit from a life insurance policy;

(g) The choice of law governing the construction of the agreement; and

(h) Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

(2) The right of a child to support may not be adversely affected by a premarital agreement. [1987 c.715 §3]

Note: See note under 108.700 (Definitions for ORS 108.700 to 108.740).

Notes of Decisions

Agree­ment re­gard­ing choice of law governing construc­tion of contract does not constitute choice of law governing disposi­tion of prop­erty on dissolu­tion. Proctor and Proctor, 203 Or App 499, 125 P3d 801 (2005), modified 204 Or App 250, 129 P3d 186 (2006), Sup Ct review denied

Law Review Cita­tions

43 WLR 421 (2007)

1 Legislative Counsel Committee, CHAPTER 108—Spousal Relationships; Property Rights; Premarital Agreements, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors108.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 108, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano108.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.