A Hawaii prenuptial agreement, commonly referred to as a “prenup,” is a legally binding contract designed for individuals intending to marry. This document outlines the financial rights and responsibilities of each party in the event of a divorce, separation, or the death of one spouse.
Effective upon marriage, the agreement is enforced by state courts if both parties sign it and its provisions are deemed reasonably fair, ensuring equitable terms for both individuals. While the primary focus often centers on property division, a prenup can also address spousal support, inheritance rights, and the treatment of specific assets.
Legal Considerations
Laws:
- § 572D-1 – Definitions
- § 572D-2 – Formalities
- § 572D-3 – Content
- § 572D-4 – Effect of marriage
- § 572D-5 – Amendment; revocation
- § 572D-6 – Enforcement
- § 572D-7 – Enforcement; void marriage
- § 572D-8 – Limitation of actions
- § 572D-9 – Application and construction
- § 572D-10 – Prior agreements
Signing Requirements: Must be documented in writing and bear the signatures of both parties (§ 572D-2).
Dividing Property: Equitable division (§ 580-47).
Enforceability Requirements
- Essential Terms for Validity: Enforceable unless proven involuntary or unconscionable, with requirements for fair disclosure, written waiver, and reasonable knowledge of financial obligations.
- Terms to Exclude: Unenforceable provisions include child custody and visitation, child support arrangements, incentives for divorce, personal/non-financial obligations, and potentially limited waivers for alimony, subject to court discretion and state regulations.
- Modification and Termination: It can only be modified or revoked through a written agreement signed by both parties, and these changes are enforceable without consideration.
