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Hawaii Prenuptial Agreement – Laws

A Hawaii prenuptial agreement is a marital contract between potential spouses that allows the parties to discuss and define how they want their assets, property, finances, and debts divided upon divorce (if applicable). The agreement doesn’t go into effect upon signing but instead upon marriage. The Hawaii court will enforce a prenuptial agreement providing both parties have signed the contract and it is clear that the provisions relaid therein are not unreasonably unfair towards one party.

Signing Requirements

Source: § 572D-2 Formalities

A premarital agreement must be in writing and signed by both parties.  It is enforceable without consideration. [L 1987, c 321, pt of §1]

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