Nuthin' but a "Pre" Thang: Understanding Prenuptial Agreements In Oregon State
Dr. Dre (née Andre Young) and his wife, Nicole, had a problem. Well, presumably several problems, because in July of 2020, Nicole filed for divorce after twenty four years of marriage.
Throughout the multi-decade partnership, several things had happened in the couple’s lives. When they married in 1996, Dr. Dre — already a Hip-Hop figurehead through his genre-defining production and rhymes with Gangsta Rap progenitors N.W.A. — was still running a hot streak from the success of his 1992 album The Chronic and 1993’s Doggystyle, the latter of which being a record he produced and appeared on with then-protege Snoop Doggy Dogg.
A co-founder of Death Row records, the rapper and producer was just months away of discovering and creating an album with the still-unknown Eminem, starting a family with Nicole (their first of two children was born in 1997), and ultimately founding Aftermath Records and launching Beats Electronics, the latter of which would ultimately sell to Apple Inc. in 2014 for $3 Billion.
It goes without saying that the couple built significant wealth in their time together, but due to irreconcilable differences, their time together was coming to an end. And therein lies the problem. According to Nicole’s testimony, beyond the role of spouse and co-parent to their two children, she played a significant role in the growth and success of Dre’s career, including assisting with the naming of his record label, Aftermath.
What’s more, Nicole claimed that the prenuptial agreement the pair signed was torn just up a few years into their marriage in what she called “an act of love and regret.” Mrs. Young also claimed that she felt pressured to sign the premarital agreement, as it popped up very suddenly before the marriage. Though Mrs. Young did have a lawyer to help guide her through the premarital agreement process, it was a lawyer secured through Mr. Young’s team, and the documents were alleged to have been signed unwillingly on her behalf.
Despite Dr. Dre’s willingness to pay spousal support (their children are now adults), he maintains that their premarital agreement clearly stipulates that their assets would remain separate after marriage, and that any amendments to the premarital agreement were required to be done in writing.
So while this tale of California love gone bad still unfolds, the Family Law professionals at DBMA want to provide you some essential recommendations of how you can best navigate prenuptial and cohabitation agreements, no matter if you’re a music mogul, stay at home parent, or any resident of Oregon considering entering into such an agreement.
Prenuptial agreement?
You need individual representation.
We understand that prenuptial agreements don’t sound very romantic, but there are ways to create these sorts of arrangements that are respectful to the individual parties involved and to the union that is being formed between them. One of the absolutely essential elements in achieving this is by securing individual legal representation and giving each party ample time to understand what the agreement entails before any such documents are finalized. While each party having their own attorney is not a requirement of the law in Oregon, it is the best practice.
This means no prenups on the courtroom steps. Nor should there be any night before the wedding legal agreements being signed. Though there is no legally defined time limit, our recommendation is to give one another at least two weeks in advance of the wedding so that you have the opportunity to carefully consider the details and repercussions of what is being asked of you or what you are asking of your future spouse.
Are prenups always honored? Not necessarily!
One aspect that is essential to the validity of a prenuptial agreement is called “informed consent.” A judge will review the agreement in addition to individual testimony to ensure that each party fully disclosed all personal assets and liabilities while also determining whether or not the agreement was entered into voluntarily.
This is yet another reason why each party should be given ample time to review the agreement before signing. A prenuptial agreement could be deemed coercive or enacted through intimidation if it is considered to have been signed suspiciously close in time to the marriage, or if either party lacked total awareness of individual assets.
Other factors the courts will consider when determining the viability of a premarital agreement are educational factors, such as college or advanced degrees, as well language fluency. The court will look to see if the prenup was translated into a particular party’s native language, as such acts can imply the proper steps were taken to achieve informed consent to the agreement.
Similarly, the court will seek to understand if their attorney also speaks the party’s native language or has a deep understanding of their home country to establish whether or not there could be any cultural misunderstandings.
If it’s unconscionable, then it’s unenforceable.
Another way to invalidate a prenuptial agreement is to prove that the agreement was unconscionable when it was executed. Setting aside a prenuptial agreement based on unconscionability is quite rare. Ways of proving unconscionability include a lack of full disclosure regarding details of the agreement, the terms of the agreement are grossly unfair and would result in one spouse being wholly without a means of any financial support upon divorce.
An example of this would include marriages secured through matrimonial agencies (more commonly known by the indelicate term “mail-order bride”) where these women — far away from their home countries with an often limited understanding of culture, language, and personal resources — are forced to sign a premarital agreement while possessing a clear inequity in bargaining power.
Should the marriage dissolve, this person could become a public charge if the arrangement were to be upheld, which is exactly why the court seeks to determine if the arrangement was conscionable when signed.
More tips for prenups in Oregon
Make the prenup process as collaborative as possible when at all possible
Keep a paper trail in all negotiations to avoid confusion and grief later
Be VERY clear in the intent and allocation of assets in your agreement.
Disclose everything
Have separate legal counsel representing you and your interests in this arrangement
Make sure to disclose all assets as you enter into this agreement
Give your partner ample time to understand the arrangement
Ensure that they fully understand the parameters of the agreement before signing
You can include a waiver of spousal support in your arrangement if both parties agree
You cannot reach agreements about child custody in a prenuptial agreement
You cannot waive child support in a prenup
Prenups can be modified, but those modifications they must be compliant with statutes and they cannot be modified by destruction; they must be modified in writing
Seeking to learn more about the prenuptial agreement process?
Don’t forget about DBMA!
Our team is here to help you create equitable solutions to all of your family law needs. Contact us today!