Hawaii
Hawaii Annulment Laws: Grounds, Deadlines and How to File (2026)
Independently fact-checked against primary sources (last audited October 8, 2026). · 16 primary sources cited on this page. How we verify our legal content
Yes. Hawaii's family court can end a marriage with a "decree of nullity" under Hawaii Revised Statutes (HRS) 580-21, which lists six causes that must have existed at the time of the marriage. A separate section, HRS 580-28, allows an action for physical incapacity, but only within two years of the wedding.
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers court annulment under Hawaii law: HRS chapter 580, Part II (sections 580-21 through 580-29), the jurisdiction section HRS 580-1, and the marriage requirements in HRS 572-1. It does not cover Hawaii case law on annulment beyond two decisions noted in the official annotations to HRS 580-21, religious annulment, or other states' law. For ending a valid marriage, see Hawaii divorce laws.
What Hawaii calls an annulment
Hawaii law uses the phrase "decree of nullity." HRS 580-21 opens with the rule that frames every case:
"The family court, by a decree of nullity, may declare void the marriage contract for any of the following causes, existing at the time of the marriage:" HRS 580-21
Two points follow from that wording. The cause must have existed when the couple married, not arise later. And the decision belongs to the family court, which then applies the filing rules and bars in the sections that follow 580-21.
Grounds for annulment in Hawaii
HRS 580-21 sets out its six causes as one list. It does not label any of them "void" or "voidable." What separates them in practice is who may file and what later events bar the claim, which Hawaii sets in sections 580-22 through 580-28.
| Ground | Statute | Who may file | Time limit | What bars the claim |
|---|---|---|---|---|
| Close blood relationship (ancestor and descendant of any degree, half or whole siblings, a person and the child of the person's biological sibling) | HRS 580-21(1) | Not addressed in the sections cited on this page | None stated in HRS 580-21 | None stated in HRS 580-21 |
| Nonage (a party under the legal age of marriage) | HRS 580-21(2); HRS 580-22 | The parent or guardian entitled to custody of the minor, or a person the court admits as the minor's friend; never the party who was of legal age | None stated | The parties freely cohabited as a married couple after reaching legal age |
| An undivorced spouse still living | HRS 580-21(3); HRS 580-23 | Either party, during the lifetime of the other, or the former spouse | A party's own application must come during the other party's lifetime | No other bar stated in HRS 580-23 |
| Lack of mental capacity to consent | HRS 580-21(4); HRS 580-26 | Either party, or a guardian of the party who lacked capacity | None stated | The parties freely cohabited after the party who lacked capacity attained it |
| Consent obtained by force, duress, or fraud | HRS 580-21(5) | The party whose consent was obtained that way (the "party applying for annulment") | None stated | Subsequent cohabitation |
| A concealed "loathsome disease" | HRS 580-21(6) | The party applying, from whom the condition was concealed and who did not know of it | None stated | None stated in HRS 580-21 |
| Physical incapacity at the time of marriage | HRS 580-28 | Only the injured party, against the party whose incapacity is alleged | Two years from the solemnization of the marriage | The two-year limit |
"None stated" in this table means the cited section does not set a limit. It is not a statement that no limit exists anywhere in Hawaii law. A Hawaii family lawyer can say whether case law adds one for a given ground.
Close blood relationship
The annulment ground in HRS 580-21(1) covers parties who "stood in relation to each other of ancestor and descendant of any degree whatsoever, siblings of the half as well as the whole blood, a person and the child of the person's biological sibling."
The marriage requirements statute is worded differently. HRS 572-1(1), the section on the requisites of a valid marriage, names "two siblings of the half as well as to the whole blood, uncle and niece, uncle and nephew, aunt and nephew, or aunt and niece." HRS 580-21(1) reaches a person and the child of the person's biological sibling; a person whose case turns on an adoptive or in-law relationship should ask a Hawaii lawyer how it applies.
Nonage
HRS 580-22 limits nonage cases in two ways. It provides:
"In no case shall the marriage be annulled on the application of a party who was of legal age at the time it was contracted; nor when it appears that the parties, after they attained the legal age, had for any time freely cohabited as a married couple." HRS 580-22
The phrase "for any time" matters. The statute does not set a minimum period of cohabitation after reaching legal age before the bar applies.
An undivorced spouse still living
HRS 580-23 provides that a marriage "may be declared null on the ground that one of the parties has an undivorced spouse living, on the application of either of the parties during the lifetime of the other, or on the application of the former spouse." So the spouses' own right to apply runs during the other spouse's lifetime, and the earlier spouse may also apply.
Lack of mental capacity, and force, duress or fraud
For lack of capacity, HRS 580-26 provides that "no sentence of nullity shall be pronounced if it appears that the parties freely cohabited as a married couple after the party who lacked mental capacity attained the mental capacity necessary to consent to marriage."
For force, duress or fraud, the condition is written into the ground itself. HRS 580-21(5) requires that consent of the party applying "was obtained by force, duress, or fraud, and there has been no subsequent cohabitation."
Physical incapacity
Physical incapacity does not appear in the 580-21 list. HRS 580-28 nonetheless provides for an action on it, which "shall only be maintained by the injured party, against the party whose incapacity is alleged, and shall in all cases be brought within two years from the solemnization of the marriage."
Grounds Hawaii's annulment sections do not list
Part II of HRS chapter 580 consists of sections 580-21 through 580-29. None of them lists intoxication at the wedding, or a marriage entered as a joke or on a dare, as a ground. Whether facts like those could fit a listed ground, such as lack of capacity or fraud, is a question for a Hawaii family lawyer.
The list in HRS 580-21 may not be the end of the question. The official annotations to HRS 580-21 cite older Hawaii decisions holding that the enumeration of grounds does not deprive the court of jurisdiction to annul a marriage on some other ground (26 H. 89 (1921)), and that failure to procure a marriage license was a ground for annulment (25 H. 397 (1920)). A Hawaii family lawyer can say how those decisions apply to a particular case.
Underage marriage in Hawaii
The current compiled statute, HRS 572-1(2), requires each party to be "at least sixteen years of age," and allows a person under 16, "but in no event under the age of fifteen years," to marry with the written approval of the family court of the circuit where the minor lives, "subject to section 572-2."
Bills to set the minimum age at 18, including HB 729 and SB 560, were not enacted. The Legislature's measure status pages show both carried over to the 2026 Regular Session on December 8, 2025, with no later action, and HRS 572-1(2) is unchanged.
How to file for an annulment in Hawaii
The case goes to the family court. HRS 580-1(a) gives that court jurisdiction over annulment and separation in "the circuit in which the applicant has been domiciled or has been physically present for a continuous period of at least three months next preceding the application therefor."
HRS 580-1(b) adds an exception. An applicant who does not meet that residency rule may still file when the marriage was solemnized in Hawaii and neither party can sue where they are domiciled because that place does not recognize the marriage. Under HRS 580-1(c), that case is filed in the circuit where the marriage was solemnized, and unless both parties consent to the family court's personal jurisdiction (or jurisdiction otherwise exists by law), the court decides only the status of the marriage.
Evidence is required beyond the couple's own word. HRS 580-29 provides that "No sentence of nullity of marriage shall be pronounced solely on the declarations or confessions of the parties."
The Hawaii State Judiciary's self-help divorce page is the court's general starting point for family filings. This page does not cover annulment-specific court forms; ask the family court clerk in your circuit which forms apply.
Children, support and property after an annulment
Children. HRS 580-27 provides that "Upon the annulment of a marriage on account of nonage, lack of mental capacity of either party to consent to the marriage, or of a marriage that is prohibited on account of consanguinity between the parties, or for any other ground specified in section 580-21, the issue of the marriage shall be legitimate."
For a marriage with a person who had another spouse living (the "illegal marriage" described in HRS 580-24), HRS 580-25 adds that "The children of such illegal marriage shall be entitled to succeed in the same manner as legitimate children, to all the real and personal estate of both parents in the State." Custody and child support are covered on the Hawaii child custody and Hawaii child support pages.
A spouse deceived into a bigamous marriage. Under HRS 580-24, a person "deceived into contracting an illegal marriage with a person having another spouse living, under the belief that the person was unmarried, may be entitled to a just allowance for the support of the deceived spouse and family out of the property of the deceiving spouse."
Property and spousal support generally. Hawaii's main property-division and spousal-support section, HRS 580-47, is worded "Upon granting a divorce." This page does not cover whether a Hawaii court can divide property or award spousal support in an annulment outside HRS 580-24. A Hawaii family lawyer can advise on that for a particular case.
Annulment versus divorce in Hawaii
An annulment declares that the marriage contract was void because of a defect that existed on the wedding day. A divorce ends a marriage that was valid; Hawaii's grounds, residency rules and property division for divorce are on the Hawaii divorce laws page.
If a couple was never formally married, see Hawaii common-law marriage. Certified copies of marriage and divorce records are covered on Hawaii marriage and divorce records.
Religious annulment
A religious annulment and a court annulment are separate processes. A religious decision does not by itself change a person's civil marital status, and a court decree does not decide religious status.
Disclaimer: This article provides general legal information about annulment (decrees of nullity) under Hawaii law, mainly HRS 580-21 through 580-29 and HRS 580-1. It is not legal advice. The information was verified on 2026-10-08, and the law can change. For advice about your situation, consult a lawyer licensed in Hawaii or the Hawaii State Judiciary's self-help resources.
Related
- Annulment laws in every state
- Hawaii divorce laws
- Hawaii common-law marriage
- Hawaii marriage and divorce records
- Hawaii child custody laws
Last updated: 2026-10-08.
Frequently Asked Questions
Can you get an annulment in Hawaii?
Yes. The family court may issue a decree of nullity declaring the marriage contract void for a cause listed in HRS 580-21 that existed at the time of the marriage, or for physical incapacity under HRS 580-28.
Is there a time limit to annul a marriage in Hawaii?
HRS 580-28 sets a two-year limit, from the solemnization of the marriage, for physical incapacity. The other sections cited on this page set no fixed deadline; several grounds are instead lost through later cohabitation, for example after both parties reach legal age (HRS 580-22).
Can I annul my Hawaii marriage for fraud?
HRS 580-21(5) lists consent obtained by force, duress, or fraud as a cause, but only if there has been no subsequent cohabitation. Whether particular facts amount to fraud is a question for a Hawaii lawyer.
How long do I have to live in Hawaii to file for an annulment?
HRS 580-1(a) requires that the applicant has been domiciled or physically present in the circuit for a continuous period of at least three months before applying, with a limited exception in 580-1(b) for marriages solemnized in Hawaii.
Are children illegitimate after a Hawaii annulment?
No. HRS 580-27 states that the issue of the marriage shall be legitimate when a marriage is annulled for any ground specified in HRS 580-21.
Can a Hawaii annulment be granted just because both spouses agree?
No. HRS 580-29 provides that no sentence of nullity shall be pronounced solely on the declarations or confessions of the parties.
What is the minimum age to marry in Hawaii?
HRS 572-1(2) requires each party to be at least 16, or 15 with written approval of the family court, subject to HRS 572-2. Bills to raise the age to 18 (HB 729, SB 560) were not enacted.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Hawaii Revised Statutes, Chapter 580: ANNULMENT, DIVORCE, AND SEPARATION
§ 580-21Grounds for annulmentIn force
The family court, by a decree of nullity, may declare void the marriage contract for any of the following causes, existing at the time of the marriage: (1) That the parties stood in relation to each other of ancestor and descendant of any degree whatsoever, siblings of the half as well as the whole blood, a person and the child of the person's biological sibling, whether the relationship is the result of the issue of parents married or not married to each other; (2) That the parties, or either of them, had not attained the legal age of marriage; (3) That one of the parties had an undivorced spouse living; (4) That one of the parties lacked the mental capacity to consent to the marriage; (5) That consent to the marriage of the party applying for annulment was obtained by force, duress, or fraud, and there has been no subsequent cohabitation; and (6) That one of the parties was a sufferer of or afflicted with any loathsome disease and the fact was concealed from, and unknown to, the party applying for annulment.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at capitol.hawaii.gov
§ 580-22NonageIn force
An action to annul a marriage on the ground that one of the parties was under legal age, may be brought by the parent or guardian entitled to the custody of the minor, or by any person admitted by the court to prosecute as the friend of the minor. In no case shall the marriage be annulled on the application of a party who was of legal age at the time it was contracted; nor when it appears that the parties, after they attained the legal age, had for any time freely cohabited as a married couple. [CC 1859, §1314; am L 1903, c 22, §2; RL 1925, §2956; RL 1935, §4451; RL 1945, §12202; RL 1955, §324-2; HRS §580-22; am L 1973, c 211, §5(j); am L 2023, c 160, §8]
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at capitol.hawaii.gov
§ 580-26Lack of mental capacityIn force
The marriage of a person who lacked the mental capacity to consent to the marriage may be annulled on the application of either party, or on the application of a guardian of the party who lacked capacity; provided that no sentence of nullity shall be pronounced if it appears that the parties freely cohabited as a married couple after the party who lacked mental capacity attained the mental capacity necessary to consent to marriage. [CC 1859, §1318; am L 1903, c 22, §2; RL 1925, §2960; RL 1935, §4455; RL 1945, §12206; RL 1955, §324-6; HRS §580-26; am L 1973, c 211, §5(1); am L 1980, c 43, §2; am L 2023, c 160, §11]
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at capitol.hawaii.gov
§ 580-28Physical incapacityIn force
An action to annul the marriage on the ground of physical incapacity of one of the parties at the time of marriage, shall only be maintained by the injured party, against the party whose incapacity is alleged, and shall in all cases be brought within two years from the solemnization of the marriage. [CC 1859, §1321; RL 1925, §2963; RL 1935, §4458; RL 1945, §12208; RL 1955, §324-8; HRS §580-28; am L 1973, c 211, §5(m)]
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at capitol.hawaii.gov
§ 580-23Former spouse livingIn force
A marriage may be declared null on the ground that one of the parties has an undivorced spouse living, on the application of either of the parties during the lifetime of the other, or on the application of the former spouse. [CC 1859, §1315; RL 1925, §2957; RL 1935, §4452; RL 1945, §12203; RL 1955, §324-3; HRS §580-23; am L 2023, c 160, §9]
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at capitol.hawaii.gov
§ 580-27Legitimacy in case of annulmentIn force
Upon the annulment of a marriage on account of nonage, lack of mental capacity of either party to consent to the marriage, or of a marriage that is prohibited on account of consanguinity between the parties, or for any other ground specified in section 580-21, the issue of the marriage shall be legitimate. [CC 1859, §§1319, 1320; am imp L 1870, c 24, §1; rep L 1872, c 23, §2; am L 1872, c 23, §1; RL 1925, §§2961, 2962; RL 1935, §§4456, 4457; am L 1935, c 115, §§1, 2; RL 1945, §12207; RL 1955, §324-7; HRS §580-27; am L 1980, c 43, §3]
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at capitol.hawaii.gov
§ 580-24Allowance for spouse and familyIn force
Every person who is deceived into contracting an illegal marriage with a person having another spouse living, under the belief that the person was unmarried, may be entitled to a just allowance for the support of the deceived spouse and family out of the property of the deceiving spouse, which the deceived spouse may obtain at any time after action commenced upon application to the family court having jurisdiction. In addition to the allowance, the court may also compel the defendant to advance reasonable amounts for the compensation of witnesses and other reasonable expenses of trial to be incurred by the plaintiff. [CC 1859, §1316; am L 1903, c 22, §3; am L 1919, c 43, §1; RL 1925, §2958; RL 1935, §4453; RL 1945, §12204; RL 1955, §324-4; am L 1966, c 22, §6; HRS §580-24; am L 1973, c 211, §5(k); am L 1974, c 65, pt of §2; am L 2023, c 160, §10]
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at capitol.hawaii.gov
§ 580-25Inheritance by childrenIn force
The children of such illegal marriage shall be entitled to succeed in the same manner as legitimate children, to all the real and personal estate of both parents in the State. [CC 1859, §1317; RL 1925, §2959; RL 1935, §4454; RL 1945, §12205; RL 1955, §324-5; HRS §580-25]
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at capitol.hawaii.gov
Hawaii Revised Statutes, Chapter 572: MARRIAGE
§ 572-1Requisites of valid marriage contractIn forcecited in 3 of our articles
In order to make valid the marriage contract, which shall be permitted between two individuals without regard to gender, it shall be necessary that: (1) The respective parties do not stand in relation to each other of ancestor and descendant of any degree whatsoever, two siblings of the half as well as to the whole blood, uncle and niece, uncle and nephew, aunt and nephew, or aunt and niece, whether the relationship is the result of the issue of parents married or not married to each other or parents who are partners in a civil union or not partners in a civil union; (2) Each of the parties at the time of contracting the marriage is at least sixteen years of age; provided that with the written approval of the family court of the circuit within which the minor resides, it shall be lawful for a person under the age of sixteen years, but in no event under the age of fifteen years, to marry, subject to section 572-2; (3) Neither party has at the time any lawful wife, husband, or civil union partner living, except as provided in section 572-1.7; (4) Consent of neither party to the marriage has been obtained by force, duress, or fraud; (5) Neither of the parties is a person…
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at capitol.hawaii.gov
Cited in 20 court opinions in our collectionLatest citing opinion in our collection: 2018
Opinions citing this section in our collection:
- Baehr v. Lewin (Hawaii Supreme Court 1993, 74 Haw. 530)“…he DOH, absent the statutory prohibition or construction of HRS § 572-1 excluding couples of the same sex from…”
- Tagupa v. Tagupa (Hawaii Intermediate Court of Appeals 2005, 108 Haw. 459)“…marriage license and satisfied the requirement specified in HRS § 572-1(6). On September 15, 1989, Ronnie-Jean…”
- McDermott v. Ige (Hawaii Supreme Court 2015, 135 Haw. 275)“…ourt held that both on its face and as applied by the DOH, HRS § 572-1 established a sex-based classification,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Common Law Marriage in Hawaii: Is It Recognized? (2026), Hawaii Marriage License Requirements 2026: $65 Fee, No Waiting Period
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Sources and References
- HRS 580-21, Grounds for annulment (with official annotations)(capitol.hawaii.gov).gov
- HRS 580-28, Physical incapacity(capitol.hawaii.gov).gov
- HRS 580-22, Nonage(capitol.hawaii.gov).gov
- HRS 580-26, Lack of mental capacity(capitol.hawaii.gov).gov
- HRS 580-1, Jurisdiction; hearing(capitol.hawaii.gov).gov
- HRS 580-29, No annulment solely on confessions(capitol.hawaii.gov).gov
- HRS 580-27, Legitimacy in case of annulment(capitol.hawaii.gov).gov
- HRS 580-23, Former spouse living(capitol.hawaii.gov).gov
- HRS 572-1, Requisites of valid marriage contract(capitol.hawaii.gov).gov
- HRS chapter 580, section directory (Part II, sections 580-21 to 580-29)(capitol.hawaii.gov).gov
- Hawaii State Legislature, HB 729 measure status (carried over 12/8/2025; not enacted)(capitol.hawaii.gov).gov
- Hawaii State Legislature, SB 560 measure status (carried over 12/8/2025; not enacted)(capitol.hawaii.gov).gov
- Hawaii State Judiciary, Self-help: Divorce(courts.state.hi.us).gov
- HRS 580-25, Inheritance by children(capitol.hawaii.gov).gov
- HRS 580-24, Allowance for spouse and family(capitol.hawaii.gov).gov
- HRS 580-47, Support orders; division of property(capitol.hawaii.gov).gov