Hawaii Postnuptial Agreement

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Updated August 07, 2022

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A Hawaii postnuptial agreement is a legal document that sets rules for distributing marital property should a marriage end in divorce or death. Unlike prenuptial agreements, often called prenups, which are signed before a marriage begins, postnuptial agreements are signed after a couple has already been married. If a couple gets divorced with neither a prenuptial nor postnuptial agreement in place, the divorce will be able to distribute some of the couple’s property in a way that one of the spouses may find unfair.

Signing Requirements (Chen v. Hoeflinger (2012)) – Both parties must sign a postnuptial agreement.

Laws

Validity: An agreement between spouses providing for spousal support and education of children of the parties, when the agreement is made in contemplation of divorce or judicial separation, is valid, so long as

     (1)  The agreement shall be subject to approval by the court in any subsequent proceeding for divorce or judicial separation; and

     (2)  Future payments under an approved agreement shall nevertheless be subject to increase, decrease, or termination from time to time when one of the parties requests and the circumstances justify a change.

HAW.REV.STAT. § 572–22(b)

Enforceability: Marital agreements are enforceable if the agreement

  1. Is not unconscionable, and;
  2. Has been voluntarily entered into by the parties with knowledge of the financial situation of the prospective spouse.

Chen v. Hoeflinger (2012).