Ontario, OR asked in Divorce for Oregon

Q: We are doing our own divorce paperwork in OR.He prenupped the farm.I've lived/helped 13 yrs.Do I get anything from that?

We signed a prenup that he keeps the farm should we divorce. Now I have to move because it's his. We tried to split up other property fairly. He counted the money he had and I had before marriage as owed to him on his side since he had more. Wondering if I am missing $ in equity somehow or he just keeps it all because the property was prenup?

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1 Lawyer Answer
Vincent J. Bernabei
Vincent J. Bernabei
  • Beaverton, OR
  • Licensed in Oregon

A: If the prenuptial agreement is a valid contract, then the divorce court will most likely approve it. There are many factors that must be considered in determining whether the prenuptial agreement is a valid contract. Factors include whether there was a full disclosure of all material facts concerning the amount, character and value of property and assets; and whether each party was given the opportunity to consult with an attorney concerning the provisions of the agreement before signing it. Even if the prenuptial agreement is valid, it may have been later modified by express agreement or by the conduct of the parties. Or, the prenuptial agreement may not specify how some property, such as appreciation in value of premarital assets, is to be divided upon divorce. You should contact an attorney to discuss your options.

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