Pre-Nuptial and Post Nuptial Agreements in Hawaii – Oahu
Honolulu HI Divorce Lawyers – Family Law Attorneys
The issue of pre-nuptial agreements is an interesting one because there is indeed a dichotomy involved in preparing for potential separation simultaneous to making a commitment to marriage. The idea of asking your spouse-to-be to enter into a contract spelling out the personal property of each person entering the marriage is often seen as a romance extinguisher, and it is easy to understand this point of view. However, the fact remains that pre-nuptial agreements make a lot of sense in many cases, and it is not entirely uncommon for the individual who is bringing less personal property into the marriage to be the one who suggests a pre-nuptial agreement. In this way the person is taking a step to protect the interests of his or her future spouse (and in some cases, children from a previous marriage) while demonstrating sincere and heartfelt good faith. This is anything but a repudiation of romance and a lack of true commitment.
Legally, pre-nuptial agreements in the state of Hawaii are governed by the Hawaii Uniform Premarital Agreement Act (HUPAA), which can be found in Chapter 572D of the Hawaii Revised Statutes. It is important to note that the matter of child custody cannot be included in a pre-nuptial agreement, and it is only enforceable if all of the required financial disclosure has been openly presented at the time the agreement was executed. Both parties must have entered into the agreement without coercion, and the terms are not enforceable if they are deemed to be “unconscionable.” This means that if one party would be left destitute if the terms of the agreement were to be followed it cannot be enforced.
There was a time when post nuptial agreements were not legally possible because a married couple was seen in the eyes of the law as a single entity in matters of property ownership, but these agreements are now recognized by the state. Another type of agreement that is of interest to many people is the cohabitation agreement. People who are engaged in partnerships that enjoy no legal auspices can enter into a contract that elucidates their wishes, and this can cover just about anything other than matters that involve dependent children.
If you are interested in learning more about pre-nuptial and post nuptial agreements, contact an experienced Honolulu HI family lawyer to arrange for a free consultation.