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Portland Family Law Blog

Prenuptial agreements may not be romantic, but they are practical

Summer is a popular time for weddings in Oregon, and many soon-to-be brides and grooms are making their last-minute plans for their big day. One task that they should not wait until the last minute to complete. However, is executing a prenuptial agreement -- also referred to as a premarital agreement. It may not be a romantic task, but it is a very practical one, given that many marriages do end in divorce.

A prenuptial agreement is essentially a contract between the two spouses. There are a variety of topics that can be included in a prenuptial agreement in Oregon. A prenup can include the rights and obligations each spouse has to marital assets, including the right to buy, sell or otherwise, control an asset. Prenups can include provisions on how assets will be divided should the parties separate or divorce. In addition, prenups can contain clauses on the making of an estate plan to carry out the terms of the agreement. Prenups can contain provisions stating which state's laws will control the construction of the agreement. Finally, prenups can contain clauses on any other matter if the clauses do not violate public policy and do not violate the law.

Can I relocate my children after a divorce?

People may move after a divorce for a variety of reasons. Maybe you want to move back closer to home or move somewhere new to pursue a career. Whatever your reason, if you are planning to move out of state with your children after a divorce, you may run into opposition from your ex. Your ex may have visitation rights, or joint custody of the children, and moving far away may make it impossible for the two of you to follow these provisions. Thus, you may have to obtain permission from the courts before moving with your children.

 

Can an order for child support be modified in the future?

Raising a child costs a lot of money. This is true even if the child's parents are no longer in a relationship with one another. When parents in Oregon divorce, it is often the case that the noncustodial parent will pay child support to the custodial parent. An initial child support order may work well for a while, but eventually the lives of the parents and children will change. For example, a parent may get a promotion and a raise, or they may lose their job. And the financial needs of a toddler are different than those of a teenager. For these reasons, sometimes parents will want to seek a modification of a current order for child support.

In Oregon, a parent can request that the Child Support Program review the parent's current order for child support if a minimum of 35 months have passed since the order was executed or last reviewed. Parents can also provide evidence that a significant change in circumstances has occurred. For example, the child's needs may have changed, the party who has physical custody of the child may change, how many children are being supported may change or either the custodial parent or noncustodial parent's income may have changed.

Spousal support matters can raise life insurance issues

Divorce can raise a range of insurance issues. This includes matters regarding life insurance. One thing they can arise in connection to is spousal support.

When spousal support has been ordered, certain things will generally bring the payments to an end. One is the death of the spouse ordered to pay. So, among the things divorcing individuals who are pursuing alimony might be concerned about is what would happen to their financial stability if their payments ended up getting cut off in the future by the death of their ex-spouse.

Elizabeth Christy Law Firm PLLC

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