Prenuptial & Cohabitation Agreements

Custom prenuptial and cohabitation agreements designed to protect your interests and foster transparency from the start.

Prenuptial and Cohabitation Topics Covered

A Thoughtful, Transparent Process

At Stannard and Batalden Family Law, we help Oregon couples enter new chapters with legal clarity and mutual respect. Whether you're preparing for marriage or choosing to live together long-term, a thoughtfully crafted agreement can prevent misunderstandings and protect your interests. Our prenuptial and cohabitation agreements are tailored to your relationship, with an emphasis on transparency, fairness, and peace of mind.

What Is a Prenuptial Agreement?

A prenuptial agreement (“prenup”) is a legally binding contract signed by two individuals before marriage. It outlines how assets, debts, and financial matters will be handled during the marriage and in the event of divorce or death.

While prenuptial agreements are often associated with high-net-worth individuals, they are useful for a wide range of couples. A prenup allows each party to enter the marriage with clear expectations and the ability to protect personal assets, family inheritances, or business interests.

What Is a Cohabitation Agreement?

A cohabitation agreement provides legal protection for unmarried couples who live together and share financial responsibilities. Unlike married couples, cohabitating partners in Oregon do not have automatic legal rights regarding property division, debts, or support in the event of separation.

A cohabitation agreement outlines how shared and separate assets are treated, how expenses are handled, and what happens if the relationship ends. It provides clarity and security, especially when significant property, children, or joint financial responsibilities are involved.

Why Consider an Agreement?

Prenuptial and cohabitation agreements can help you:

  • Protect personal or family assets acquired before the relationship

  • Clarify expectations around income, expenses, and debt responsibility

  • Avoid costly legal disputes in the event of separation or divorce

  • Ensure business continuity and protect ownership interests

  • Approach financial discussions with mutual respect and full transparency

These agreements aren’t about planning for failure. They’re about creating a foundation of trust and clarity from the start.

What To Expect from Our Team

We know that these conversations can feel sensitive. That’s why we take a thoughtful, client-centered approach focused on open communication and practical planning. Our role is to help you navigate this process with confidence, not confrontation.

Whether we’re drafting an agreement from scratch or reviewing one prepared by your partner’s attorney, we advocate for your interests while maintaining a respectful, constructive tone. We’ve helped clients across a wide range of living arrangements and financial situations create agreements that offer clarity and peace of mind.

The Legal Process. What to Expect

Here’s an overview of the process:

  1. Initial Consultation
    We listen to your goals and explain how a prenuptial or cohabitation agreement could support your needs.

  2. Financial Disclosure
    Each party is required to disclose all assets, debts, and income. Full transparency is key to a valid agreement.

  3. Drafting the Agreement
    We craft a legally sound document that reflects your individual circumstances and values.

  4. Review and Negotiation
    We work collaboratively with your partner’s attorney to finalize terms with respect and clarity.

  5. Signing and Formalization
    Timing matters. Prenups should be finalized well in advance of the wedding. Agreements are signed and notarized for enforceability.

“Mindy is responsive, straightforward, compassionate, cool in a crisis and possesses a great deal of experience and expertise in the law. Twice she has successfully navigated me through difficult circumstances. I recommend her unreservedly.” — Richard

“Austin Batalden shepherded me through a protracted divorce with a lot of intricacies. Knowledgeable, calm, practical, able to help me protect my interests. Highly recommended.” — Cara

Frequently Asked Questions

  • Yes. Oregon recognizes and enforces prenuptial agreements.

    However, either party can challenge the enforceability of the agreement. A knowledgable attorney is crucial to ensuring the agreement withstands potential challenges in the future.

  • Using the same attorney could create a conflict of interest and potentially impact enforceability.

    Our firm strongly recommends each party have their own attorney to avoid potential issues in the future.

  • Prenuptial agreements have the potential to be incredibly complex. However, in most cases, prenups are used to:

    • identify the pre-marital assets and debts each party brings into the marriage

    • describe how property/debts acquired during the marriage will be treated if the marriage ends

    • describe how each party’s pre-marital property will be treated if the marriage ends

    • describe how any inheritance or trust benefit will be treated if the marriage ends

    • describe how spousal support will be treated if the marriage ends

    • describe support/education commitments for children if the marriage ends

  • Yes. If properly executed, a cohabitation agreement is a legally binding contract.

Get in touch.

We welcome inquiries and requests for consultations.

info@msabfamilylaw.com
(503) 564-7009

Hours: 

Monday 8:30 AM–5 PM
Tuesday 8:30 AM–5 PM
Wednesday 8:30 AM–5 PM
Thursday 8:30 AM–5 PM
Friday 8:30 AM–5 PM
Saturday Closed
Sunday Closed

Our Service Areas

Portland, OR
West Slope, OR
Raleigh Hills, OR
Garden Home-Whitford, OR
Metzger, OR
West Haven-Sylvan, OR

Beaverton, OR
Hillsboro, OR
Cedar Hills, OR
Aloha, OR
St. Helens, OR
Huber, OR

Lake Oswego, OR
Tigard, OR
Wilsonville, OR
Oregon City, OR
Englewood, OR
McMinnville, OR