Pre and Post-Nuptial Agreements Attorney in Portland, Oregon

What is your experience in preparing premarital agreements?

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well relationship agreements would
include what we used to refer to as
cohabitation agreements domestic
Partnerships premarital agreements would
be the ones that I done the most and I
probably done more premarital agreements
than any lawyer in Oregon I used to do
all of the premarital agreements for
this firm and we the largest family law
firm in Oregon in fact for quite a while
we were the second largest firm doing
family law in the country but we’ve
since uh I think seven or eight years
ago been doing estate planning as well
so I’ve done hundreds of them I’ve
spoken on continuing education on
premarital agreements in this state
around the country including in
Australia and England and so forth on
the subject and with a lawyer in in
Oregon who is really terrific Josh kades
we started a new way of doing them
called collaborative premarital
agreements where instead of I talk to my
client I my client talks to me I talk to
the other lawyer the other lawyer talks
to his client and then you do this ring
around the road Rosie thing which we
decided look that’s really inefficient
this is really the party should be
driving the bus they’re getting married
for God’s sake so let’s get everybody in
the same room and do it in a
collaborative way everybody gets copies
of the all the emails and drafts and so
forth and that’s become very popular not
just in Oregon but in many other
jurisdictions around the world so I’ve
done a ton of premarital agreements I’ve
also spoken about them in the sense that
you know there was a study in I think it
was Southern California that’s suggested
you’re 22% less likely to get divorced
if you have a premarital agreement it
might be because people that do
premarital agreements tend to be more
cautious sophisticated but the mental
health folks say no the reason is
discussing money and how parties in the
relationship control money is the last
Taboo in our culture people are Happ to
talk about happy to talk about sexual
practices are we going to have kids how
do we deal with in-laws where we going
to live but talking about money is
really hard sof and off the table and if
you think about it for a second
premarital agreement the discussion
about premarital agreement is really in
a way kind of like premarital counseling
not that we’re mental health
professionals lawyers that do this but
you’re really forcing people to confront
the issue and that you know we I tell
the clients I said look you guys every
marriage will end your marriage is going
to end my marriage is going to end the
other lawyer marriage is going to end by
death or divorce
so it’s up to you to decide what you
want to happen under those
eventualities and the thing that’s
tricky is that depending on where it
ends where you die where you get
divorced different rules apply the law
of Washington is very different from
Oregon very different from California
very different from Texas Etc extremely
different from for example Great Britain
so if you want to take control you need
to have an agreement that essentially
says look we don’t want the law of
wherever we die or get divorce to apply
these are the rules this is the program
that we want to apply and um people
typically think you know I’d sort of
like to have that control over my
life

Portland, OR family law attorney Bill Howe talks about his experience in preparing premarital agreements. He explains that relationship agreements encompass a variety of arrangements, including cohabitation agreements, domestic partnerships, and premarital agreements—the latter being the type he has handled most extensively. Over the course of his career, he has prepared more premarital agreements than almost any other lawyer in Oregon, serving as the primary drafter for the largest family law firm in the state, which was, at one time, the second-largest family law firm in the country. In recent years, the firm has also expanded into estate planning, further broadening his experience.

He has conducted hundreds of premarital agreements and has presented on the topic at continuing legal education programs across the United States, as well as internationally in countries such as Australia and England. In collaboration with a fellow Oregon attorney, Josh Kades, he developed a collaborative approach to premarital agreements. Instead of the traditional back-and-forth communication between attorneys and clients, this method brings all parties together in a single session. Clients actively participate in the process, with full transparency of drafts and communications, creating a more efficient and client-centered approach. This collaborative method has gained popularity both in Oregon and internationally.

He notes that studies, such as one conducted in Southern California, suggest that couples with premarital agreements are approximately 22% less likely to divorce. While some attribute this to the parties’ sophistication and careful planning, mental health professionals argue that it is the act of discussing finances—traditionally a taboo topic—that contributes to stronger relationships. Premarital agreements, he explains, function in a manner similar to premarital counseling, compelling couples to confront important financial issues and make deliberate decisions about how their assets and obligations will be managed in the event of divorce or death.

He emphasizes that the legal implications of these agreements can vary significantly depending on jurisdiction. The laws in Oregon differ from those in Washington, California, Texas, and internationally in places like Great Britain. Therefore, a well-crafted premarital agreement allows couples to define their own terms, ensuring that their wishes are respected regardless of where a divorce or death occurs. For many clients, this provides a valuable sense of control over their future.

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