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A TRUSTED PRENUP THAT’S AFFORDABLE
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Hawaii prenup
Aloha! Getting married in Hawaii? Lucky you. Before the big day, it’s smart to consider a Hawaiian prenup. Here’s a quick guide.
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Everything to know about Hawaii prenups
In the state of Hawaii, the term “premarital agreement” is used to describe a contract formed between two people planning to get married (better known as a “prenup”). Premarital agreements in Hawaii are governed by the Hawaii Uniform Premarital Agreement Act or “HUPAA” (Chapter 572D). The HUPPA sets forth specific guidelines for the construction and enforcement of such agreements. These agreements are enforceable upon the date of marriage. This means if you don’t end up getting married, your prenup isn’t valid.
What can you include in your Hawaii prenuptial agreement?
The good news is that Hawaii has pretty much copy and pasted the Uniform Premarital Agreement Act (UPAA) as their own statute for Hawaiian prenups. For some background, the UPAA is the standardized act that approximately 28 states have adopted to create consistency across the US regarding how prenups are created and enforced.
So… what makes a Hawaiian prenup “legit,” as the kids say? It’s pretty straightforward. We discuss what to do and what not to do below.
Note: Even with a spousal support waiver clause, a Hawaiian court retains the authority to order spousal support if it’s deemed necessary to prevent one spouse from needing public assistance.
For the fine print on the requirements of a Hawaiian prenup, see (Haw. Rev. Stat. § 572D-2), (Haw. Rev. Stat. § 572D-3), and (Haw. Rev. Stat. § 572D-6).
So… what makes a Hawaiian prenup “legit,” as the kids say? It’s pretty straightforward. We discuss what to do and what not to do below.
Note: Even with a spousal support waiver clause, a Hawaiian court retains the authority to order spousal support if it’s deemed necessary to prevent one spouse from needing public assistance.
For the fine print on the requirements of a Hawaiian prenup, see (Haw. Rev. Stat. § 572D-2), (Haw. Rev. Stat. § 572D-3), and (Haw. Rev. Stat. § 572D-6).
- Put the contract in writing
- The prenup must be signed (HelloPrenup recommends initialing each page, though it’s not a hard requirement)
- HelloPrenup recommends notarizing your Hawaiian prenup, though it’s not a hard requirement
- Provide financial disclosure of all of your assets and debt (no you cannot skip any assets and yes you both must provide full financial disclosure)
- The prenup must be entered into voluntarily (no duress, coercion, etc.)
- The prenup must not be overly one-sided (I.e., it must not be unconscionable)
- The prenup must contain lawful clauses (nothing illegal or against public policy)
- Do not include clauses about child support or custody
- Do not include clauses that are unlawful
- Do not include clauses that are against public policy
- Do not skimp on financial disclosure
- Do not enter the agreement involuntarily (i.e., under duress or coercion)
- Do not enter an agreement that is unconscionable
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Do I need an attorney for my Hawaiian prenup?
Having legal advice is not a prerequisite to a valid prenup in Hawaii. There is no explicit Hawaiian statute requiring legal representation for a prenup. However, case law in Hawaii explains that the opportunity to consult independent legal counsel (a.k.a., an attorney) will be one of several factors it considers when determining the enforceability of an agreement. For example, in the 2020 case known as L.R.O v. N.D.O., the wife, a Vietnamese national whose first language was not English and who had corresponded with her husband electronically before they met and got married, voluntarily executed the premarital agreement. The court noted that just because she didn’t have an attorney didn’t mean she didn’t voluntarily enter the agreement.
What can a premarital agreement include?
So what can you actually include in your Hawaiian prenup? The HUPPA (That is, the Hawaiian Uniform Premarital Agreement Act) explicitly states what you can and cannot include in the Hawaiian Revised Statutes, Section 572D-3.
Here’s a breakdown of what you can include in your prenup:
- How property is owned and managed during the marriage
- Ownership of debt
- What happens to property in case of divorce, separation, or death
- Modification or elimination of spousal support
- Making wills or trusts
- Life insurance benefits
- Which state’s laws apply to the agreement (i.e., choice of law)
- Any other personal rights and obligations, as long as they’re legal
On the other hand, a Hawaiian prenup cannot include matters related to child support or custody. Child support is the right of the child and not for the parents to contract around.
Spousal support in Hawaii
Hawaii uses the term “spousal support” to refer to payments made by one ex-spouse to another in the event of a divorce (this is also commonly referred to as “alimony”).
Without a prenup, how spousal support is determined in Hawaii is up to the court’s discretion based on a set of statutory factors. These factors include each person’s financial resources, ability to support themselves, length of the marriage, and standard of living during the marriage. They also look at factors like age, health, job skills, and childcare responsibilities. The goal is to understand the financial situation of both parties and determine if one person needs support and how long they might need it.
The court can order support for an indefinite time or a specific period if it’s for things like getting back into the work force (Think: job training or education).
>>For the fine print on spousal support in Hawaii, check out Haw. Rev. Stat. § 580-47 here.
Without a prenup, how spousal support is determined in Hawaii is up to the court’s discretion based on a set of statutory factors. These factors include each person’s financial resources, ability to support themselves, length of the marriage, and standard of living during the marriage. They also look at factors like age, health, job skills, and childcare responsibilities. The goal is to understand the financial situation of both parties and determine if one person needs support and how long they might need it.
The court can order support for an indefinite time or a specific period if it’s for things like getting back into the work force (Think: job training or education).
>>For the fine print on spousal support in Hawaii, check out Haw. Rev. Stat. § 580-47 here.
Who should get a prenup in Hawaii?
Premarital agreements are not only for wealthy people. They are for anyone looking to ensure their future is planned for the way they wish in case of death or divorce.
Here are some people who should consider getting a prenup in Hawaii (or any state for that matter):
Here are some people who should consider getting a prenup in Hawaii (or any state for that matter):
- You own property and want to ensure it stays in your possession
- You have bank accounts, investment accounts, or other accounts you want to protect
- You want to ensure any wealth you gain over the course of the marriage stays separate
- You may inherit money or other property from your parents or other family one day
- You are on your second marriage and want to protect what assets you have left after the first divorce
- You want to ensure your assets stay with your children from another relationship, and not go to a potential ex-sposue one day
- You own a business now or plan to start one in the future and want to ensure it stays separate property
- You or your partner has significant debt or plan to take out significant debt
- You want peace of mind that you’re protected in any scenario
And that’s not all folks, here are some more examples of who would benefit from a prenup in Hawaii.
Property division in Hawaii
Without a prenup, what happens to your property under the default laws of Hawaii? Well, for starters, you should know that Hawaii is an equitable distribution state, which means things aren’t automatically split 50/50. Instead, the court uses a set of factors to determine how to divide up the property in a divorce. And the split may be 50/50 but it could also be an uneven split like 60/40, 70/30, and so on and so forth.
When dividing property in a divorce, Hawaii uses a unique approach called the Marital Partnership Model. It categorizes property as either pre-marital separate property, marital separate property, or marital partnership property. If something is categorized as pre-marital separate property or marital separate property, then it is not divided in a divorce. This includes assets that were acquired before the marriage, gifts, inheritances, and assets maintained by other separate assets. If something is considered marital partnership property, then a court will make a determination on whether or not to deviate from the standard 50/50 split.
For the fine print on property division in Hawaii, check out Haw. Rev. Stat. § 580-47 here.
When dividing property in a divorce, Hawaii uses a unique approach called the Marital Partnership Model. It categorizes property as either pre-marital separate property, marital separate property, or marital partnership property. If something is categorized as pre-marital separate property or marital separate property, then it is not divided in a divorce. This includes assets that were acquired before the marriage, gifts, inheritances, and assets maintained by other separate assets. If something is considered marital partnership property, then a court will make a determination on whether or not to deviate from the standard 50/50 split.
For the fine print on property division in Hawaii, check out Haw. Rev. Stat. § 580-47 here.
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HOW OUR PRENUP WORKS
Easy, all-in-one solution, completed in a day
1
Fill out your questionnaires
Share your goals and assets in your personal questionnaires.
2
Align on clauses together
Compare answers and align on your prenup terms together.
3
Optional — Review with an attorney
Meet with an attorney to further customize your prenup.
4
Review and notarize your prenup
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Get legal advice any time by adding on a 20-minute call with an attorney to your prenup for only $49 per partner, per session.
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Not sure if you want/need an attorney? Book a consultation with a HelloPrenup team member today!
Learn more about how HelloPrenup works and what to expect about the process. We’re thrilled to answer any questions you have and help you get started.
We encourage every couple to enter their marriage with full financial transparency and we’re starting our relationship with you the same way. Our prenup packages are flexible to adapt to exactly what you and your partner need.
It’s free to start creating and then requires a flat payment of $599 to complete. Along the way, you can add on additional services as needed, any time. Use the calculator to get an estimate. You can also choose to sign now and pay later with:
It’s free to start creating and then requires a flat payment of $599 to complete. Along the way, you can add on additional services as needed, any time. Use the calculator to get an estimate. You can also choose to sign now and pay later with:
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Our online prenup $599 flat fee per couple
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A prenup isn’t just about protection.
It’s about going into marriage with a foundation based on transparency and trust.
FROM THE BLOG
Recent articles
Check out these articles written by
our prenup specialist, Nicole Sheehey, Esq.
our prenup specialist, Nicole Sheehey, Esq.
A prenup is no longer a taboo — it’s a to-do.
Get a state-specific notarized prenup onlinewithout overspending on money or time.
Get a state-specific notarized prenup online and save on money and time.
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