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Oregon Revised Statutes

Or. Rev. Stat. § 108.710 (2026)

Subjects of agreement; child support not to be adversely affected

✓ current as of May 2026
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      108.710 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.

Notes of Decisions
Cited in 9 cases, 1996–2018 · leading case: Jodi Lynn Erpelding v. Timothy John Erpelding, 917 N.W.2d 235 (Iowa 2018).
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Jodi Lynn Erpelding v. Timothy John Erpelding, 917 N.W.2d 235 (Iowa 2018). “1960) ; Oregon, Or. Rev. Stat. Ann. § 108.710 (1)(d) (West, Westlaw through 2017 Reg.”
In Re Marriage of Pendleton & Fireman, 5 P.3d 839 (Cal. 2000). · cites it 2× “1-03); Oregon (Or. Rev.Stat. § 108.710); Rhode Island (R.”
In re the Marriage of Kotler, 385 P.3d 1200 (Or. Ct. App. 2016). “Under ORS 108.710, parties may enter into a premarital agreement with respect to most matters to be resolved in the event of dissolution, including the division of property.”
Matter of Marriage of Proctor, 125 P.3d 801 (Or. Ct. App. 2005). · cites it 2× “[3] ORS 108.710 provides, in part: "(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,…”
Marriage of Bowers v. Bowers, 922 P.2d 722 (Or. Ct. App. 1996). · cites it 2× “ORS 108.710 controls the permissible scope of antenuptial agreements.”
Matter of Marriage of Proctor, 229 P.3d 635 (Or. Ct. App. 2010). “Under ORS 108.710(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; «íjí ifc # “(c) The disposition of property…”
Proctor v. Mavis, 125 P.3d 801 (Or. Ct. App. 2005). · cites it 2× “ORS 108.710 provides, in part: “(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,…”
Jodi Lynn Erpelding v. Timothy John Erpelding, 911 N.W.2d 397 (Iowa 2018). “1960); Oregon, Or. Rev. Stat. Ann. § 108.710 (1)(d) (West, Westlaw through 2017 Reg.”
In re the Marriage of Porter, 381 P.3d 873 (Or. Ct. App. 2016). “Under ORS 108.710, parties may enter into a premarital agreement with respect to most matters to be resolved at dissolution, including the division of property and the award of spousal support.”
— Or. Rev. Stat. § 108.710(1) — 1 case
Matter of Marriage of Proctor, 229 P.3d 635 (Or. Ct. App. 2010). “Under ORS 108.710(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; «íjí ifc # “(c) The disposition of property…”
— Or. Rev. Stat. § 108.710(1)(g) — 1 case
Matter of Marriage of Proctor, 125 P.3d 801 (Or. Ct. App. 2005). “[3] ORS 108.710 provides, in part: "(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,…”
— Or. Rev. Stat. § 108.710(l)(g) — 1 case
Proctor v. Mavis, 125 P.3d 801 (Or. Ct. App. 2005). “ORS 108.710 provides, in part: “(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,…”
— Or. Rev. Stat. § 108.710(l)(h) — 1 case
Marriage of Bowers v. Bowers, 922 P.2d 722 (Or. Ct. App. 1996). “ORS 108.710 controls the permissible scope of antenuptial agreements.”
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