Hawaii Prenuptial Agreement Form

Entering into marriage and beginning cohabitation should bring both partners joy and responsibilities. Many families manage to cherish their relations till the last breath and protect love and mutual respect. Unfortunately, some couples fall apart, and that’s where a prenuptial agreement form can become of great assistance.

People in love may be so blinded by high hopes and better prospects that they forget how earthly things can turn out. Creating a free prenuptial template can prevent many unfavorable situations and protect each party’s assets so that in an undesired case of divorce, the signatories will have monetary matters sorted.

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In Hawaii, a prenup agreement is constructed to outline the following matters:

  • Assignation of financial accounts and property
  • Division of personal property
  • Penalties in case of being unfaithful and compensation for adultery (if any)
  • Estate and inheritance
  • Alimony clearance
  • Division of pre-marriage assets and property
  • Assignation of pre-marriage liabilities

When lawfully constructed, a premarital agreement benefits both parties, especially when a stay-at-home parent requires further support. However, the agreement does not outline child support and visitation details.

Do I Need a Prenup Contract?

Yes, you do if you want to manage the assets acquired before and during the marriage. If an unfavorable moment of divorce occurs, the partners may rely on the pre-arrangements claimed in the prenup contract and divide the property and monetary funds according to their expectations. Otherwise, the court will be in charge of dividing the assets and financial property between the divorced spouses.

A Hawaii premarital contract will also protect the other party from the spouse’s pre-marriage liabilities and severe debts.

Another reason for creating such an agreement is to protect one’s children from other marriages. Some assets and funds may have been obtained through a previous marriage, and the prenup contract can decrease the jeopardy of disinheriting the children.

Hawaii Prenup Laws and Requirements

Hawaii appears to be one of the states that follow the Uniform Premarital and Marital Agreements Act (UPAA). The paper contains universal codes and rules that must be considered when drafting prenups. Relying on the definition, terms, and regulations outlined in the  UPAA, the state finds prenup contracts enforceable.

Signing Requirements

According to § 572-D2 of the Hawaii Revised Statutes, any premarital contract should be drafted in a written form and signed voluntarily by both parties. If any signatories were enforced to authorize the document, such paper’s validity becomes questionable and renders the agreement ineffective.

The code does not demand witnessing of a notary public. The document goes into effect only after the couple registers their marriage legally. If the signatories split and never marry each other, the contract will remain invalid according to § 572-D4 of Hawaii Revised Statutes.

If the spouses decide to adjust or terminate the agreement, they should create a new document, registering all the amendments in a written manner following § 572-D5 of the respected Hawaii RS.


Under § 572-D6 of Hawaii Revised Statutes, a prenuptial contract is a legally binding document that appears to be enforceable without consideration. Still, there are several cases when these agreements are regarded invalid:

  1. The agreement is one-sided and unconscionably unfair towards one signatory.
  2. One of the parties was not adequately informed of the other party’s financial situation, interests, or debts. Also, should the party provide false information about their property, assets, and liabilities, the contract is deemed invalid.
  3.  One of the parties was forced to sign the premarital covenant.

Court Refusal

The court won’t decline the agreements provided they are constructed with respect and consideration of the state requirements, including signing qualifications and enforceability conditions.

Also, premarital contracts do not prearrange child supervision and further support. In case of divorce, the court, relying on the child’s preferences, will delegate the selected parent to become the minor’s guardian. Should the signatories indicate the terms of guardianship and visitation in the premarital agreement, the court won’t consider these arrangements legal and enforceable.

What Prenups Can Cover

Most prenup contracts are exclusively generated and can outline different terms and conditions. Everything depends on the clients’ wishes, background, and expectations. Below is the list of the most solicited conditions and issues:

  • If there is any property in possession of either spouse, the document shall clarify the rights and liabilities regarding the assets, including their conduction, maintenance, trade, or transfer.
  • If there is any kind of legal separation, including divorce or death of either spouse, the contract shall outline the preferences of how the assets will be divided or inherited.
  • Who will receive the interests after the death if either of the partners obtains life insurance.
  • The alimony liabilities and who should pay the compensation.

Property Type

Hawaii does not provide any compulsory requirements concerning property types.

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Published: May 11, 2022