How prenups can help with property division

On Behalf of | Jun 15, 2017 | Divorce

Property division is an intrinsic issue to the matter of divorce. Every couple will have some assets that they need to properly divide during a divorce. In Oregon, an equitable division of property and assets will be performed, though this doesn’t necessarily mean that the property and assets will be equally divided.

One way that couples can address the property division issue before it pops up, and even before a divorce pops up, is by signing a prenuptial agreement before they get married or a postnuptial agreement after they are married. Prenuptial agreements can address things such as a family business or an estate plan, as well as property division issues in case of a divorce in the future.

Prenups can do more than just property division though. They can also make arrangements for children you may have had from a previous relationship. You can address debts that you or your spouse may carry into your marriage. And you can draw up provisions that detail what the responsibilities of each spouse will be during the marriage.

For all you can do under the premise of a prenuptial agreement, there are plenty of things you can’t address. Right off the bat, you can’t address anything illegal in a prenup. You also can’t talk about child custody or child support, nor can you waive your right to alimony. You also can’t create any provisions that would encourage a divorce.

Source: FindLaw, “What Can and Cannot be Included in Prenuptial Agreements,” Accessed June 15, 2017