A marriage agreement in Hawaii is a spousal contract between potential spouses that allows parties to discuss and define how they want to share their property, property, finances and debts after divorce (if any). The agreement will not come into force with the signature, but with the marriage. The Hawaii court will apply a marital agreement, provided both parties have signed the contract, and it is clear that the provisions set out in it are not unfairly unfair to a party. In most cases, a lawyer who enters into a pre-marital agreement represents only one of the couples and will recommend that the other party retain its own lawyer to represent them when reviewing the agreement. This is an important part of the pre-marriage agreement process. If both parties have a lawyer and the parties divorce later, it will be difficult for an unfortunate party to reject the agreement on the part that they did not understand it. Signing Terms (No. 572D-2) – The agreement must be reached by the two members of the couple who are getting married. Although this is not necessary, confirmation by a notary is recommended. Scot Stuart Brower will develop the agreement you have chosen and introduce you and your spouse. We recommend that each of you have your own lawyer to ensure that you are treated fairly in this order.
Once the document is signed and notarized, it acts as a legal contract between you. We have extensive experience in developing strong, low-cost pre-marriage agreements. If you have a question about Hawaii wedding contracts or would like to create a consultation, email us or call us at 593-2199. We are delighted to hear you speak. Premarital agreements in Hawaii, also known as “Prenups” or pre-marital agreements, are approved under the Premarital Uniform Act (HUPAA) – Hawaii Revised Statutes Section 572D. These are essentially contracts between two people who wish to marry. Although prenups are contracts, they do not come into effect immediately with the signing of the parties. On the contrary, prenups take effect if the parties actually marry. If the parties do not marry at the end, the Prenup will not come into force. Post-marital agreements (sometimes referred to as “post-marital agreements” or simply “marriage contracts”) are agreements between people who are already married. Since the parties are already married, they come into force as soon as both parties sign. Often, these agreements are referred to as a “divorce agreement” or “agreement in the contemplation of divorce.” Watch our separate discussion on post-marital and marital agreements.
If you would like to discuss further what can and cannot be placed in a premarital contract, please call us. Before meeting with us, it is often helpful to fill out our questionnaire for pre-marital agreements in Adobe Acrobat (R) format that you can download below: Pre-married agreements are sought for a number of reasons, depending on the wishes of the parties who marry. Some examples are: post-ascending agreements are most commonly used by couples who are considering divorce but are not yet sure. They make the decision to share their assets and can, before making a decision, if they are both calm and rational and can discuss these issues with a clear head. Many people are tempted to design these types of agreements on their own to save money. But developing an agreement of this magnitude usually requires the services of an experienced family lawyer. In general, people have prepared these agreements to save thousands of dollars. Therefore, this makes marital agreements a value, an investment to do it properly.