IMPORTANT NOTICE & DISCLAIMER
This template is provided for informational purposes only and does not constitute legal advice, create an attorney–client relationship, or substitute for the advice of a licensed attorney. Prenuptial agreements are highly fact-dependent and subject to strict statutory and public-policy requirements under Hawaiʻi law (including the Uniform Premarital Agreement Act, Haw. Rev. Stat. § 572D-1 et seq.). Attorneys using this form must tailor it to the parties’ specific circumstances, confirm all statutory citations, and comply with current court rules, filing, notarization, and disclosure requirements.
PREMARITAL (PRENUPTIAL) AGREEMENT
(Prepared under Hawaiʻi law)
[// GUIDANCE: Insert the parties’ full legal names exactly as they will appear on the marriage license.]
This Premarital Agreement (the “Agreement”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
- [FULL LEGAL NAME OF PARTY A] (“Party A”), residing at [ADDRESS]; and
- [FULL LEGAL NAME OF PARTY B] (“Party B”), residing at [ADDRESS]
(each, a “Party” and, collectively, the “Parties”).
The Parties contemplate legal marriage to each other on or about [ANTICIPATED WEDDING DATE] in the State of Hawaiʻi and, in consideration of the forthcoming marriage and the mutual covenants herein, agree as follows:
TABLE OF CONTENTS
- Definitions
- Recitals & Consideration
- Disclosure and Fairness Acknowledgments
- Classification of Property
- Management, Control, and Disposition of Property
- Spousal Support / Maintenance
- Debts and Liabilities
- Life & Health Insurance
- Estate Planning Matters
- Covenants & Ongoing Obligations
- Representations & Warranties
- Default; Remedies; Indemnification; Liability Caps
- Dispute Resolution
- General Provisions
- Execution & Acknowledgment
Schedules & Exhibits
1. DEFINITIONS
For purposes of this Agreement, the following terms have the meanings set forth below. Capitalized terms used but not defined herein have the meanings ascribed elsewhere in this Agreement.
“Agreement” means this Premarital Agreement, including all Schedules and Exhibits, as amended from time to time in accordance with Section 14.4.
“Applicable Law” means the laws of the State of Hawaiʻi, including the Hawaiʻi Uniform Premarital Agreement Act, Haw. Rev. Stat. § 572D-1 et seq., and any applicable federal law.
“Disclosure Schedule” means Schedule A attached hereto, reflecting each Party’s Assets, Liabilities, and income as of the Effective Date.
“Family Court” means the Family Court of the [__] Circuit, State of Hawaiʻi, or any successor court exercising appropriate jurisdiction.
“Independent Counsel” means an attorney admitted to practice in Hawaiʻi who has been retained separately by a Party to advise solely that Party regarding this Agreement.
“Marital Property” has the meaning given in Section 4.2.
“Separate Property” has the meaning given in Section 4.1.
[// GUIDANCE: Add or delete defined terms to suit the Parties’ arrangements.]
2. RECITALS & CONSIDERATION
2.1 Voluntary Nature. Each Party enters into this Agreement freely, voluntarily, and without undue influence, fraud, or duress.
2.2 Purpose. The Parties desire to define their respective rights and obligations in property, income, support, and related matters, both during the marriage and upon the occurrence of certain events, including dissolution of marriage, legal separation, or death.
2.3 Statutory Authority. Pursuant to Haw. Rev. Stat. § 572D-3, the Parties may contract with respect to property rights, spousal support, and other matters not adversely affecting any child’s right to support.
2.4 Consideration. The mutual promises herein and the Parties’ contemplated marriage constitute good and sufficient consideration.
3. DISCLOSURE AND FAIRNESS ACKNOWLEDGMENTS
3.1 Full and Fair Disclosure. Each Party acknowledges that, prior to executing this Agreement, such Party received a fair and reasonable disclosure of the other Party’s property and financial obligations, as reflected on the Disclosure Schedule, and had adequate knowledge thereof.
3.2 Schedule Certification. By signing, each Party certifies that the information in Schedule A is true, complete, and materially accurate.
3.3 Adequacy of Consideration; Fairness. The Parties believe the provisions herein to be fair and reasonable at the time of execution and intend that this Agreement withstand scrutiny under Haw. Rev. Stat. § 572D-6.
3.4 Independent Counsel.
(a) Party A was advised to consult Independent Counsel and (check one) ☐ did ☐ did not do so.
(b) Party B was advised to consult Independent Counsel and (check one) ☐ did ☐ did not do so.
Each Party knowingly waives any claim that failure to obtain counsel renders this Agreement unenforceable.
4. CLASSIFICATION OF PROPERTY
4.1 Separate Property. The following constitute each Party’s “Separate Property,” whether currently owned or hereafter acquired:
(a) All property listed under such Party’s name in Schedule A;
(b) Property acquired solely in such Party’s name by gift, devise, descent, or inheritance;
(c) The rents, issues, profits, increase, and proceeds of the foregoing; and
(d) Property acquired in exchange for Separate Property.
4.2 Marital Property. All property not classified as Separate Property under Section 4.1, and any property the Parties expressly designate in writing as jointly owned, shall be “Marital Property” and subject to equitable division upon divorce, separation, or annulment.
4.3 Commingling. Commingling of Separate Property with Marital Property shall not, standing alone, convert Separate Property into Marital Property unless there is clear evidence of donative intent.
4.4 Record-Keeping. Each Party shall maintain records sufficient to trace Separate Property. Failure to do so may result in a presumption that the property in question is Marital Property.
5. MANAGEMENT, CONTROL, AND DISPOSITION OF PROPERTY
5.1 Separate Property. Each Party retains sole management, control, and power of disposition over his or her Separate Property, free from any claim or right of the other Party.
5.2 Marital Residence. [// GUIDANCE: If the marital residence is expected to be jointly owned, address title, occupancy, mortgage payments, and buy-out options here.]
5.3 Joint Purchases. Property titled in both Parties’ names shall be presumed Marital Property unless expressly stated otherwise in the instrument of conveyance.
6. SPOUSAL SUPPORT / MAINTENANCE
6.1 Waiver of Spousal Support. Except as set forth in Section 6.2, each Party irrevocably waives any right to past, present, or future spousal support, alimony, or maintenance from the other Party, to the maximum extent permitted by Applicable Law.
6.2 Hardship Exception. Notwithstanding Section 6.1, if enforcement of the waiver would, at the time of enforcement, render the waiving Party eligible for public assistance, the Family Court may order support to the extent necessary to avoid such eligibility, pursuant to Haw. Rev. Stat. § 572D-6(b).
7. DEBTS AND LIABILITIES
7.1 Pre-Existing Debts. Each Party shall be solely responsible for debts and obligations incurred prior to the marriage and shall indemnify the other Party therefrom.
7.2 Post-Marriage Debts. Debts incurred after marriage but in the name of only one Party, and not for the benefit of the marital partnership, shall remain that Party’s sole responsibility.
7.3 Joint Debts. Debts incurred jointly shall be allocated in proportion to ownership interest or as otherwise agreed in writing.
8. LIFE & HEALTH INSURANCE
8.1 Maintenance of Coverage. Each Party shall maintain health insurance coverage for himself or herself and any minor children as required by court order or Applicable Law.
8.2 Beneficiary Designations. [// GUIDANCE: Insert any obligations to name or maintain the other Party as beneficiary on life insurance policies.]
9. ESTATE PLANNING MATTERS
9.1 Waiver of Elective Share. Each Party waives any statutory elective share, forced share, or other right to take against the other’s will or estate, except as expressly provided herein or in a subsequently executed testamentary instrument.
9.2 Testamentary Freedom. Nothing herein restricts either Party’s right to make gifts or testamentary dispositions in favor of the other Party or any third party.
10. COVENANTS & ONGOING OBLIGATIONS
10.1 Updates to Disclosure Schedule. Upon written request by either Party, but not more than once per calendar year, the Parties shall exchange updated net-worth statements.
10.2 Tax Cooperation. The Parties shall cooperate in filing any required joint or separate tax returns and shall furnish necessary documentation to one another.
10.3 Confidentiality. Each Party shall keep confidential the terms of this Agreement and any sensitive financial information, except as required by law or court order.
11. REPRESENTATIONS & WARRANTIES
Each Party represents and warrants, as of the Effective Date:
(a) Capacity. Such Party is at least 18 years of age, of sound mind, and under no impairment affecting ability to contract.
(b) No Bankruptcy. No bankruptcy petition is pending or threatened in relation to such Party.
(c) Accuracy of Disclosure. The financial information supplied is materially accurate and complete.
(d) Voluntariness. Such Party executes this Agreement freely and voluntarily, after full opportunity to seek counsel.
(e) No Contravention. Execution and performance of this Agreement do not violate any existing order, decree, or agreement binding upon such Party.
All representations and warranties survive execution and remain in effect until fully performed.
12. DEFAULT; REMEDIES; INDEMNIFICATION; LIABILITY CAPS
12.1 Events of Default. The following constitute an “Event of Default”:
(i) Material breach of any covenant herein;
(ii) Material misrepresentation or nondisclosure in Schedule A; or
(iii) Failure to comply with a final court or arbitration order enforcing this Agreement.
12.2 Notice & Cure. The non-defaulting Party shall give written notice specifying the default. The defaulting Party shall have 30 days to cure before further remedies accrue.
12.3 Remedies. Upon uncured default, the non-defaulting Party may seek:
(a) Specific performance;
(b) Declaratory or injunctive relief;
(c) Monetary damages, including attorney fees (Section 12.5); and
(d) Any other remedy available at law or equity.
12.4 Mutual Indemnification. Each Party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party from any Losses arising out of (i) the Indemnifying Party’s undisclosed debts or liabilities, or (ii) the Indemnifying Party’s material breach of this Agreement.
12.5 Attorney Fees & Costs. In any action or proceeding to enforce this Agreement, the prevailing Party shall be entitled to reasonable attorney fees and costs.
12.6 Liability Caps. Notwithstanding anything herein, a Party’s aggregate liability for monetary damages under this Agreement shall not exceed the greater of (a) the total value of that Party’s Separate Property as of the Effective Date, or (b) $[CAP AMOUNT], provided that this cap does not apply to (i) fraud, (ii) willful misconduct, or (iii) failure to pay court-ordered support.
13. DISPUTE RESOLUTION
13.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaiʻi, without regard to conflict-of-laws principles.
13.2 Forum Selection. Subject to Section 13.3, the Family Court shall have exclusive jurisdiction over any proceeding relating to the validity, interpretation, or enforcement of this Agreement.
13.3 Limited Arbitration.
(a) Scope. The Parties agree to submit only disputes concerning (i) interpretation of accounting methodologies, or (ii) property valuations, to binding arbitration administered by Dispute Prevention & Resolution, Inc. (Honolulu) or its successor, under its then-current rules.
(b) Exclusions. Issues of child support, child custody, or matters reserved exclusively to the Family Court by statute are not subject to arbitration.
(c) Enforcement. Any arbitration award may be confirmed in the Family Court.
13.4 Injunctive Relief. Either Party may seek temporary, preliminary, or permanent injunctive relief (including specific performance) from the Family Court without first engaging in arbitration, to prevent irreparable harm.
13.5 No Jury Trial. The Parties acknowledge that family-law matters in Hawaiʻi are heard without a jury.
14. GENERAL PROVISIONS
14.1 Amendment; Waiver. This Agreement may be amended or waived only by a written instrument signed by both Parties and notarized. No waiver of any breach shall be deemed a waiver of any subsequent breach.
14.2 Assignment. This Agreement is personal to the Parties and may not be assigned, voluntarily or by operation of law, without the other Party’s prior written consent.
14.3 Severability; Reformation. If any provision is held unenforceable, such provision shall be severed or reformed to the minimum extent necessary to render it enforceable, and the remainder shall continue in full force.
14.4 Entire Agreement. This Agreement, together with the Schedules, constitutes the entire understanding between the Parties and supersedes all prior or contemporaneous agreements, oral or written, on the subject matter herein.
14.5 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original, and all of which together constitute one instrument. Electronic signatures and notarizations complying with Hawaiʻi’s Uniform Electronic Transactions Act, Haw. Rev. Stat. § 489E-1 et seq., are valid and binding.
14.6 Headings. Headings are for convenience only and do not affect interpretation.
15. EXECUTION & ACKNOWLEDGMENT
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
| Party A | Party B |
|---|---|
| _______ | _______ |
| [PRINT NAME] | [PRINT NAME] |
| Date: _______ | Date: _______ |
NOTARY ACKNOWLEDGMENT
State of Hawaiʻi )
: ss. )
[Judicial Circuit] )
On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared ___ and ___, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to this instrument, and acknowledged that they executed the same for the purposes therein contained.
Notary Public, State of Hawaiʻi
My commission expires: ____
SCHEDULE A
(Confidential Financial Disclosure Schedule)
[// GUIDANCE: Insert detailed, itemized statements of each Party’s assets, liabilities, and income, including corroborating documents (e.g., account statements, appraisals). This schedule should be initialed by both Parties and attached securely to preserve confidentiality.]
[// GUIDANCE: Consider adding additional schedules (e.g., Schedule B—Separate Property to be converted to Marital Property after X years) if the Parties so desire.]