Porter and Porter

Under Rudder and Rudder, the relevant factors to determine whether a prenuptial agreement was voluntarily executed include the proximity of the document’s presentation to the time of the wedding; any surprise in its presentation; the presence or absence of legal counsel; inequality of bargaining power; disclosure of assets; understanding of rights waived; and awareness of the intent of the document.

Husband appealed a marital dissolution judgment in which the trial court concluded the parties’ prenuptial agreement was unenforceable.  He argued the trial court erroneously concluded that Wife did not voluntarily sign the agreement and that it was unconscionable.  The relevant factors to determine whether a prenuptial agreement was voluntarily executed include the proximity of the document’s presentation to the time of the wedding; any surprise in its presentation; the presence or absence of legal counsel; inequality of bargaining power; disclosure of assets; understanding of rights waived; and awareness of the intent of the document.  Rudder and Rudder, 230 Or App 437 (2009). Because Wife did not understand the agreement’s legal significance and consequences, and because Husband presented it to her suddenly without giving her sufficient time to to consult with counsel, the Court held the trial court did not err in concluding the agreement was unenforceable due Wife’s involuntary execution. Affirmed.