A Hawaii postnuptial agreement is a legal contract entered into by spouses after marriage to define the spouses’ rights and obligations in the event of divorce, separation, or death.
Unlike prenuptial agreements, which are signed before marriage, postnuptial agreements (or postnups) are established after the wedding vows have been exchanged. This allows couples to address financial responsibilities, including the division of property, spousal support (alimony), rights to assets acquired, and any other matters relevant to the spouses’ marital relationship.
Legal Considerations
The statutes governing postnups are primarily found in Hawaii Revised Statutes, specifically in Title 31, Chapter 572 (Marriage).
- Signing Requirements: Both parties must sign the agreement (Chen v. Hoeflinger, 279 P.3d 11, 127 Hawaii 346 (Haw. Ct. App. 2012)).
- Dividing Property: Equitable division (§ 580-47).
Asset and Property Rights
Capacity to Contract
- Married individuals have the legal capacity to enter into contracts with their spouses, whether written or oral, sealed or unsealed, on par with contracts made by unmarried individuals. [1]
- Postnuptial agreements, including those addressing periodic support payments or children’s support and education, are valid. However, they require court approval during divorce or judicial separation proceedings, and future payments can be subject to modification based on demonstrated changes in circumstances.
- Marriage settlements or contracts are not invalidated by any provision within the state’s marriage laws. [2]
Enforceability
- Agreements must be in writing, signed, and executed voluntarily with full disclosure of assets and liabilities by both spouses.
- Additionally, the agreement must be fair and reasonable at the time of execution and not unconscionable.
