{"data":{"id":"us-or/ors-108.725","jurisdiction":"us-or","citation":"ORS 108.725","heading":"Party may prove agreement unenforceable; when court may require support; determination of unconscionability.","body":"(1) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:\n      (a) That party did not execute the agreement voluntarily; or\n      (b) The agreement was unconscionable when it was executed and, before execution of the agreement, that party:\n      (A) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;\n      (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\n      (C) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.\n      (2) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance or medical assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.\n      (3) An issue of whether a premarital agreement is unconscionable shall be decided by the court as a matter of law.","path":["03 - Landlord-Tenant, Domestic Relations, Probate","11. Domestic Relations","Chapter 108 — Spousal Relationships; Property Rights; Premarital Agreements"],"source_url":"https://www.oregonlegislature.gov/bills_laws/ors/ors108.html","current_through":"2025 Edition","vintage":"","retrieved_at":"2026-09-03T23:50:11Z","sha256":"e018e5f7c3610548c91c904b2135faedc5e3d0093884f9ec8db4581427a1cacf","source_id":"us-or","stale":false,"prev":"us-or/ors-108.720","next":"us-or/ors-108.730"},"notice":"GroundRules: Original legal text. Not legal advice."}