Marriage of Bowers v. Bowers

The majority holds that husband is a prevailing party under the antenuptial agreement and, therefore, is entitled to recover attorney fees at trial in this dissolution proceeding. I disagree. Contrary to the majority’s view, the attorney-fee provision in the parties’ antenuptial agreement is unenforceable in a dissolution proceeding, because it is contrary to public policy to control a court’s discretion to award attorney fees in such a proceeding. It follows, then, *32that the trial court properly denied husband an award of attorney fees under the agreement.

ORS 108.710 controls the permissible…