Free Hawaii Prenuptial Agreement Template

A Hawaii prenuptial agreement is a contract future spouses sign under Hawaii’s Uniform Premarital Agreement Act, HRS chapter 572D. It records the terms you both agree on before the wedding.

Hawaii’s rules come from two places: the uniform act in chapter 572D and the property sections of chapter 572.

Titled Property Starts Out Separate

Section 572-21 creates a rebuttable presumption about property held in one spouse’s name. The law presumes that real or personal property acquired in that name is that spouse’s separate property, whenever it was acquired.

Because someone can rebut the presumption, it isn’t the final word. So a prenup gives you a clear written record of what you both intend.

Support Waivers Have a Limit

A court can override a spousal support waiver in one situation. Suppose it would leave a spouse eligible for public assistance at separation or divorce. Then § 572D-6(b) lets the court order support to avoid that.

Your License Has a 30-Day Window

Under § 572-6, a marriage license stays in force for 30 days, counting the day it’s issued. After that it’s void, and no ceremony may take place under it. The Department of Health notes there’s no waiting period once you receive the license.

It is, in any action, unless the spouse resisting it proves an exception. Section 572D-6(a) states the rule that way round, so the burden sits with the challenger.

That spouse must show either involuntary signing or a two-part case. One part is an unconscionable agreement at signing. The other is that they had no fair disclosure, no written waiver of more, and no adequate knowledge of the other’s finances.

Under § 572D-6(c), unconscionability is for the court to decide as a matter of law.

1. List titled assets by name. Note whose name is on each account, vehicle, and deed.
2. Swap complete financial pictures. Cover debts and income as well as assets.
3. Sign well before the license. Department of Health guidance says to meet a license agent no sooner than 30 days before the ceremony.
4. Get your license within the window. Then marry within 30 days of issuance.
5. Keep the signed agreement handy. Store it with your deeds and account records.

Hawaii presumes titled property belongs to the named spouse. So a Hawaii prenuptial agreement should say plainly when that presumption doesn’t match your plan.

Consider covering:

• Assets titled in one name that you’ll treat as shared
• Joint accounts you’ll treat as one partner’s separate funds
• Income and growth from each partner’s property
• Spousal support terms, with the public-assistance limit in mind
• Estate and life insurance plans
• Both partners’ dated signatures