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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.