Free Hawaii Postnuptial Agreement Template

A Hawaii postnuptial agreement is a written contract spouses sign after the wedding about property and what happens at divorce or death. Hawaii’s probate code lets a spouse, or a reciprocal beneficiary, waive estate rights in such a document.

Which Rights Can Be Waived

A surviving spouse or reciprocal beneficiary can waive the right of election. They can also waive the homestead allowance, exempt property, and family allowance (HRS § 560:2-213(a)).

When and How

The waiver can be complete or partial, before or after marriage. It must be a written contract, agreement, or waiver signed by the surviving spouse or reciprocal beneficiary (HRS § 560:2-213(a)).

Reciprocal Beneficiaries Are Covered

Hawaii writes reciprocal beneficiaries into the same rule. As a result, the waiver provisions apply to them on the same terms as spouses.

Only in two situations. The surviving spouse or reciprocal beneficiary must prove one of them (HRS § 560:2-213(b)).

First, they can show they didn’t sign the waiver voluntarily. Alternatively, they can show the waiver was unconscionable when signed. That second route also requires that, before signing, they didn’t get fair and reasonable disclosure of the other’s property and debts. In addition, the statute adds further disclosure-related conditions to it.

Both routes turn on preparation. So build your Hawaii postnuptial agreement around complete disclosure and a signing free of pressure.

To prepare a Hawaii postnuptial agreement, work through these steps:

1. Trade complete financial information. List property and financial obligations for each spouse.
2. Choose each right on purpose. Address the elective share, homestead allowance, exempt property, and family allowance by name.
3. Say what broad terms mean. Unless the waiver says otherwise, waiving all rights waives all four rights (HRS § 560:2-213(d)). The same goes for a complete property settlement signed in anticipation of separation or divorce.
4. Give each spouse time. Nobody should sign under pressure.
5. Sign the written agreement. The spouse waiving rights must sign it.
6. Update older wills. Broad waivers can renounce benefits under a will signed before the waiver (same subsection).

A complete agreement typically includes:

• Disclosure schedules — each person’s property and financial obligations
• Rights addressed by name — the four estate rights in the statute
• Ownership terms — who owns each asset going forward
• Status line — whether the parties are spouses or reciprocal beneficiaries
• Signatures and dates — from both parties