Meet with a family lawyer that will help you create a prenuptial agreement that gives you financial security and peace of mind.
A prenuptial agreement is used to change the rights and obligations parties would normally have as a result of getting married. It is a contract between two people to follow a set of rules that are different than what would ordinarily happen if they were to get divorced.
The question on how to get a prenuptial agreement hinges on making sure you have a prenuptial agreement that is enforceable. Although it might appear to be as simple as drafting out a few small agreements and signing a document, there are steps you need to take to make sure that the agreement will hold up in court if you need to enforce it. That's where we come in.
The key to having a strong prenuptial agreement lies in the following ideas:
1. Full disclosure. Make sure the other party knows what exists and what they are agreeing to.
2. Independent Counsel. Make sure each party has their own attorney review the agreement.
3. Time. Each party should have adequate time to review and understand the agreement.
4. Reasonableness. The agreement has to be reasonable. If one spouse brings 100% of the assets into the marriage, and the other spouse has nothing, it may not be reasonable that a divorce of a thirty year marriage, one spouse walks away with nothing.
What Can I Agree To In A Prenup?
The list of things that you can agree to quite large. You can make agreements from everything relating to property division, spousal support, wills, trusts, life insurance, etc.
What Can I NOT Agree To In A Prenup?
There are many things you can put in a prenuptial agreement, but Oregon law is clear that the two things you cannot agree on are child support and a spousal support provision that will require the other spouse to be on public assistance.
Should I Draft My Own Prenuptial Agreement?
Only if you aren’t worried about whether it is valid and enforced if you get divorced. It is at the very least worth a consultation to ensure you are protected.
What Makes A Prenup Enforceable?
The best way to help make an agreement enforceable is to make sure that one of the provisions of ORS 107.725 is not implicated. The exact text of the law states:
1) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:
(a) That party did not execute the agreement voluntarily; or
(b) The agreement was unconscionable when it was executed and, before execution of the agreement, that party:
(A) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
(B) 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
(C) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
1. Schedule an Appointment
We will meet with you at our office and discover how to move forward in your case by compassionately listening to and understanding what is best for you with drafting a prenuptial agreement.
2. Plan for the Future
We craft a plan that will give you direction on how to move forward in your case, and will give you the right answers that help guarantee a better future for you and your new marriage.
3. Get Peace of Mind
We carry out the plan, steer you around danger, and guide you step-by-step through your prenup. We help you make the big decisions so that you can spend more time enjoying life and less time worrying.
I guide people through and family and custody disagreements by listening and understanding.
Seeing the results of this planning process, where people have confidence about their decisions, and obtain the best results, is very rewarding.
Family Law attorney
Being a family law attorney always felt like the right path for me. I have always had an ability to connect with people and understand their perspective. This has been a great strength in helping people through divorce and custody disputes.
Family law attorney
I have a passion for helping people through difficult situations. Divorce and custody disagreements can feel overwhelming and confusing for people going through them, which is why I do everything possible to help people find the solutions they need and give them peace of mind.
Family law attorney
When you are making the choice to remarry, it is often wise to think about what the implications of divorce would be. This can be a difficult topic and conversation to have with a new husband or wife. We help people have these conversations and help them understand how a prenuptial agreement may or may not help their specific situation.
• Property Division Rights
• Spousal Support Agreements
• Business Interests
• Property Values
• Retirement Accounts
• Separate Property vs. Joint Property
The results of a divorce are permanent, we know you need to handle this right the first time. We combine the process of understanding, planning and guidance to help you make the right decisions with every part of the divorce process.
• Contested and Uncontested Divorce
• Divorce with Children
• Property Division
• Alimony and Spousal Support
• Temporary Orders
• Domestic Violence
• Restraining Orders
• Small Business Interests
Sherwood Family Law is nestled at the center of historic Sherwood, Oregon, and helps people throughout the Portland metropolitan area, including Washington County, Clackamas County, Multnomah County, Yamhill County, Portland, Beaverton, Newberg, Tigard, Tualatin, Aloha, Hillsboro, Tualatin, Lake Oswego, and Sherwood.
Sherwood Family Law
16103 SW 1st St.
Sherwood, OR 97140
David M. Blair
Attorney at Law
"I’ve had the good pleasure to work with Ryan as a colleague and refer my clients in need of family law services...
I continue to be impressed with his ability to assist clients with a thorough knowledge of the law and achieve great results for them."
“They took the time to understand my case, help me know what to expect in the hearing process, and made me feel very comfortable with the actual hearing”
– S.S.
“Throughout the entire process, they were very thorough, compassionate, and always had my best interest in mind”
– D.B.
“I have never sought legal advice until recently. I honestly was unsure and afraid of the whole process with this being my very first time seeking a lawyer. I sought 6 different law offices and found them to be the most genuine and most trustworthy”
-R.S.V
Ryan Hamilton and his staff are well known for their professionalism while working through your personal family law issues. I have been told many times by my personal referrals to his firm that Sherwood Family Law made their experience in a difficult situation a pleasant one. I highly recommend Sherwood Family Law!
-John Danese, Small Business Owner
Your first step to moving forward starts with a consultation at our office.
The promise we make to anyone that comes to Sherwood Family Law, is that we will take the time to understand and empathize with where you are in life. When we understand where you are, we will help you create a plan on how to move forward and make your life better.
We will guide you step by step to a better place, so that you can worry less and have more peace of mind.