We turn now to the question of validity. Can parties to a proposed marriage actually waive their legal rights to exempt farms and property? In this context, the petitioner asks: «a) that no catch-up contract be allowed in that state, except with respect to the personal property order, and that agreement does not make such a provision; (b) that follow-up agreements that free up legal allowances for farms and exempt property are contrary to public policy.» A conjugal agreement is essentially a form of premarital contract, which generally includes provisions relating to the division of real estate, personal property and property, as well as the payment or non-payment of spousal assistance in the event of divorce or dissolution of the marriage. Marital agreements can be as simple or complicated as the parties to the agreement wish, although certain provisions contrary to Oregon`s law or public policy may be repealed if they are later challenged in court. Oregon courts support marital agreements, but they subject them to rigorous scrutiny and examine the circumstances that existed at the time the contract was entered into between the parties. For example, a court may see evidence that the agreement was entered into voluntarily and that the provisions of the agreement are not unfair or unacceptable. Post-nuptial agreements are similar to marital agreements, except that they are concluded after a couple is already married. Braun v. Miles, 193 Gold 466, 238 P2d 761, does not control. In this case, in light of the separation and divorce, the parties had entered into a post-marriage settlement agreement, which provided that the husband would take the farm and pay half the value to the wife. The contract was fully executed and the parties separated, but they were not divorced. A few years later, they resumed conjugal relations and continued for more than twenty years until their death as husband and wife. For example, when they got back together, she acquired land that was at the residence of both.
After his death, he claimed a house of succession in the property of the residence against the objection of his senses, who relied on the separation contract as a bar. This court upheld the widower`s appeal against the farm on the grounds that at the time of the agreement, the 35 parties intended never to live together again as husband and wife and that they simply intended to regulate their rights to the property described in it for the purpose of imminent divorce. At the time of the agreement, neither the resumption of the marriage relationship nor the acquisition of additional property took place in the consideration of the parties. They could not have intended to waive a farmly right dependent on the conjugal relationship if they did not expect that relationship to continue. Marriage contracts in Oregon are governed by the Premarital Agreement Act (UPAA), which was passed in 1987 and codified as ORS 108,700-108.740.