Free Oregon Divorce Settlement Agreement Form

Features of an Oregon Divorce Settlement Agreement

The FormsPal template is titled Oregon Marital Separation Agreement. It has 18 numbered parts over eight pages, so both spouses can record every decision in one place. You fill it in online, download it as a PDF, and both spouses sign it.

• Introduction and disclosures: the purpose of the agreement, its effective date, and each spouse's statement about the financial information shared.
• Children: custody, visitation schedules and child support, for couples who have children.
• Spousal support: who pays, how much and how often.
• Home, debts and belongings: the family residence, who pays which debts, and how personal property is divided.
• Insurance: the policies each spouse will keep.
• General terms: amendments, binding effect, severability, governing law, confidentiality and counterparts.
• Signatures and acknowledgment: signature lines for both spouses and an acknowledgment page that a notary can complete.

Fill in each part together with your spouse. Use full legal names and exact figures, and leave a part blank only when it does not apply to you. The template says it takes effect on the date of signature and only if the marriage is dissolved. Each spouse should keep a signed copy.

Spouses who agree on the terms before they file often use a settlement agreement in an uncontested divorce in Oregon. A family law lawyer or a mediator can review your draft before you sign.

Oregon Divorce and Separation Laws

Oregon courts can enforce the terms of a settlement agreement that the spouses reach.^[1.1] When a court divides property, the law calls for a just and proper division.^[1.2] The sections below explain these rules from the Or. Rev. Stat. in plain words.

If the marriage was not performed in Oregon, or the suit relies on a ground other than those in Sections 106.020 and 107.015, at least one spouse must be a resident of or domiciled in Oregon when the suit is started and for the six continuous months before (Section 107.075 of the Oregon Revised Statutes).^[1.3]

Oregon has abolished the doctrines of fault and of in pari delicto in suits for annulment, dissolution or separation, so neither spouse has to prove that the other was at fault (Section 107.036).^[1.4]

A petition for marital annulment, dissolution or separation may be filed only in a county where the petitioner or respondent lives (Section 107.086).^[1.7] The Oregon Judicial Department also says you must file in a county where you or your spouse currently lives.^[2.1]

Settlement Agreements and the Court

Under Section 107.104 of the Or. Rev. Stat., in a suit for marital annulment, dissolution or separation, the court may enforce the terms of any of these three kinds of settlement:^[1.1]

• a stipulated judgment signed by the parties
• a judgment resulting from a settlement on the record
• a judgment incorporating a marital settlement agreement

The statute states the goal for courts as enforcing these settlements to the fullest extent possible, except when doing so would violate the law or would clearly contravene public policy.^[1.1]

Property Division

Under Section 107.105 of the Or. Rev. Stat., the court starts from a rebuttable presumption about contribution. The statute says it this way:^[1.2]

Except as provided in subparagraph (d) of this paragraph, there is a rebuttable presumption that both parties have contributed equally to the acquisition of property during the marriage, whether such property is jointly or separately held.

In plain words, the law presumes both spouses contributed equally to the property acquired during the marriage. Evidence can overcome that starting point, which is what rebuttable means. Several related rules come from the same section:

• Property that one spouse received as a gift during the marriage, and held separately on a continuing basis from the time of receipt, is not subject to the presumption of equal contribution.^[1.2]
• The court must consider a spouse's contribution as a homemaker as a contribution to acquiring marital assets.^[1.2]
• A retirement plan or pension, or an interest in one, is considered property.^[1.2]
• When the judgment is filed, the property division the court ordered takes effect for all purposes.^[1.2]

Financial Disclosure

The court must require full disclosure of all assets by the parties in arriving at a just property division.^[1.2] Before you fill in the agreement, gather statements for bank accounts, retirement plans, real estate and debts, so that the figures you enter are accurate and complete.

Spousal Support

Sometimes a party receives spousal support instead of a share of property. When that happens, the court must say so on the record. It must also order the paying party to provide and maintain life insurance in an amount that fits the obligation. The supported party is named as beneficiary for the duration of the obligation.^[1.2]

Unless the judgment expressly provides otherwise, liability for spousal support ends when either party dies, except for any unpaid balance of support already ordered. There is also no liability for spousal support, or for a payment in cash or property as a substitute for it, after the death of either party.^[1.2]

While the suit is pending, the court may order one spouse to pay the other the money needed to prosecute or defend the suit, including the costs of expert witnesses, and the money needed to support and maintain the other spouse (Section 107.095).^[1.5]

When the court awards spousal maintenance, the factors it considers include the duration of the marriage, the age of the parties, and their health, including their physical, mental and emotional condition (Section 107.105).^[1.6]

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What to Settle Before Signing an Oregon Divorce Agreement

The agreement only works if both spouses have already made their decisions. Use the points below as a checklist for your conversation, and write down the answers before you open the template.

• Property and debts: list the home, vehicles, bank accounts, investments and valuables, and note who holds each one now. Do the same for every debt, such as mortgages, car loans and credit cards. Decide who keeps each asset and who pays each debt.
• Children: agree on where they will live and on a visitation schedule for each parent. Decide how child support will be paid and how you will share major costs such as health care and school.
• Support and insurance: decide whether either spouse will pay spousal support, and if so how much, how often and for how long. Then list the life, health, dental and vision policies each spouse will keep.
• Retirement accounts: collect the latest statement for every pension, 401k and IRA. Because Oregon law treats a retirement plan as property, these accounts belong on your list.^[1.2]

How Do You Use an Oregon Divorce Settlement Agreement?

A settlement agreement works best when both spouses finish it before the divorce moves forward. Many couples work through the topics together, check the numbers, sign, and then share the signed agreement with the lawyer or the court handling the divorce. The list below shows a common order.

1. Talk through each topic with your spouse. Settle property, debts and support first, and add custody and child support if you have children.
2. Gather your records. Bank, retirement, real estate and debt statements make it easy to list every asset and obligation.
3. Fill in the template online. Answer the questions, save your progress, and download the PDF. You can also edit the downloaded file with our online PDF editor.
4. Read the finished agreement together. Check that names, dates and amounts match what you decided.
5. Sign it. The template has signature lines for both spouses and an acknowledgment page for a notary. You can also prepare a separate Oregon notary acknowledgement.
6. Ask a lawyer to review it. This step is optional, but a lawyer can check that the terms fit your situation.

A divorce often changes other papers too. After you sign, review your Oregon last will, your Oregon power of attorney and your Oregon living will, and update any that still name your spouse.

Frequently Asked Questions

Here are short answers to common questions about property in an Oregon divorce, based on the Oregon Revised Statutes. For anything specific to your situation, ask a family law lawyer.

How does property division work in an Oregon divorce?

Oregon law calls for a just and proper division of property. In arriving at that division, the court must consider reasonable costs of sale of assets, taxes and any other costs the parties reasonably anticipate.^[1.2]

Is my wife entitled to half my 401k in a divorce?

Under Oregon law, a retirement plan or pension, or an interest in one, is considered property.^[1.2] How a retirement account is shared in your case is a question for a family law lawyer.

Other Oregon Forms
Some other popular Oregon templates available for download and that can be modified in our hassle-free document constructor.

Oregon Last Will Oregon Small Estate Affidavit Oregon Bill of Sale Oregon Power of Attorney Oregon Rental Lease Agreement Oregon Eviction Notice Oregon Promissory Note Oregon Non-compete Agreement Oregon Prenuptial Agreement Oregon LLC Operating Agreement

General information, not legal or tax advice.

Sources

1. Or. Rev. Stat. §§ 107.104 to 107.105.
   • 1.1 § 107.104
   • 1.2 § 107.105
   • 1.3 § 107.075(2)
   • 1.4 § 107.036(1)
   • 1.5 § 107.095(1)(a)
   • 1.6 § 107.105(1)(d)(C)
   • 1.7 § 107.086
2. Oregon Judicial Department, Family Law Self-Help FAQs.
   • 2.1 Where to file

Mara Erlach

Writer & Attorney

Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.