Hawaii Prenuptial Agreement Laws: UPAA Rules and Limits (2026)

Yes. Hawaii enforces prenuptial agreements under the Uniform Premarital Agreement Act, HRS chapter 572D, enacted in 1987. The agreement must be in writing and signed by both parties (HRS 572D-2), and a court will refuse to enforce it only on the grounds set out in HRS 572D-6.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers premarital (prenuptial) agreements under Hawaii's Uniform Premarital Agreement Act, HRS 572D-1 through 572D-11, with a note on property division under HRS 580-47. It does not cover Hawaii case law on premarital agreements beyond one decision noted in the official annotation to HRS 572D-10, agreements first made after marriage, custody terms, or other states' law. For property division and divorce, see Hawaii divorce laws.

Which law governs prenups in Hawaii

Hawaii's statute is chapter 572D of the Hawaii Revised Statutes. Its last section names it:

"This chapter may be cited as the Uniform Premarital Agreement Act. [L 1987, c 321, pt of §1]" HRS 572D-11

The bracketed history line shows the chapter was enacted by the Legislature in 1987. Under HRS 572D-10, written agreements between prospective spouses entered into before July 1, 1987 "shall be valid and enforceable if otherwise valid as contracts." The official annotation to 572D-10 summarizes a 1988 decision (69 H. 497) as declining to enforce such an agreement if a party did not freely and voluntarily enter into it or it is unconscionable, which is not the same test as HRS 572D-6. A Hawaii lawyer can advise on how courts review an older agreement.

Formal requirements for a Hawaii prenup

HRS 572D-2 sets the formalities in two sentences:

"A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration." HRS 572D-2

None of the sections in chapter 572D (572D-1 through 572D-11) requires notarization, witnesses, independent lawyers for each party, or a waiting period between signing and the wedding. Under HRS 572D-4, "A premarital agreement becomes effective upon marriage of the parties to each other."

When a Hawaii court will not enforce a prenup

HRS 572D-6(a) puts the burden on the spouse who wants to avoid the agreement. The agreement is not enforceable if that party proves one of two things.

1. Involuntariness. The party "did not execute the agreement voluntarily."
2. Unconscionability plus lack of disclosure. The agreement "was unconscionable when it was executed" and, before signing, that party:
   • "Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party";
   • "Did not voluntarily and expressly waive, in writing, any right to disclosure" (the statute then specifies the disclosure meant); and
   • "Did not have, or reasonably could not have had, an adequate knowledge" of the matters the statute describes.

The disclosure conditions in the second route are joined by "and." Unconscionability alone is not enough under the statute; the party must also show all three disclosure-related conditions. Under HRS 572D-6(c), whether an agreement is unconscionable is decided by the court as a matter of law.

Spousal support waivers and their limit

Hawaii allows a prenup to address spousal support. HRS 572D-3(a)(4) lists among permitted subjects "The modification or elimination of spousal support."

That waiver has a statutory floor. If enforcing a support term would leave one spouse eligible for public assistance at separation or dissolution, HRS 572D-6(b) provides that "a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid eligibility for public assistance." For how Hawaii courts handle support without an agreement, see Hawaii alimony laws.

What a Hawaii prenup cannot do

Child support. HRS 572D-3(b) is direct: "The right of a child to support may not be adversely affected by a premarital agreement."

Custody. This page does not cover whether or how a Hawaii prenup can address custody of children. A Hawaii family lawyer can explain how courts treat such terms.

If the marriage turns out to be void

HRS 572D-7 covers agreements made before a marriage that is later found void:

"If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result." HRS 572D-7

Amending or revoking a prenup after the wedding

Under HRS 572D-5, "After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties." Like the original agreement, the amendment or revocation is enforceable without consideration (HRS 572D-5).

Time limits for enforcing a Hawaii prenup

HRS 572D-8 pauses limitation periods while the couple is married:

"Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party." HRS 572D-8

Postnuptial agreements in Hawaii

Chapter 572D deals with agreements made before marriage. Its section 572D-5 covers changing a premarital agreement after the wedding. This page does not cover agreements that spouses first make during the marriage; ask a Hawaii lawyer how those are treated.

How Hawaii divides property without a prenup

Without an agreement, Hawaii's divorce statute, HRS 580-47(a), lets the court divide the estate of the parties, "real, personal, or mixed, whether community, joint, or separate," on a just and equitable basis. The Hawaii divorce laws page covers that process.

Getting a prenup drafted and reviewed

This page explains the law; it is not a template. A lawyer licensed in Hawaii can draft or review premarital agreements. Chapter 572D does not require each party to have independent counsel, and the tests in HRS 572D-6 turn on whether a party signed voluntarily and on what disclosure and knowledge of the other party's property or financial obligations that party had.

Disclaimer: This article provides general legal information about premarital agreements under Hawaii law, mainly HRS chapter 572D (the Uniform Premarital Agreement Act). 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

• Prenuptial agreement laws in every state
• Hawaii divorce laws
• Hawaii alimony laws
• Hawaii child support

Last updated: 2026-10-08.

Frequently Asked Questions

Are prenuptial agreements enforceable in Hawaii?

Yes. Under HRS chapter 572D, Hawaii's Uniform Premarital Agreement Act, a written agreement signed by both parties is enforceable unless the challenging party proves a ground in HRS 572D-6.

Does a Hawaii prenup need to be notarized?

Chapter 572D does not require notarization. HRS 572D-2 requires only that the agreement be in writing and signed by both parties.

Do both people need a lawyer for a Hawaii prenup?

Chapter 572D does not require independent counsel. A lawyer licensed in Hawaii can draft or review the agreement, and the enforcement tests in HRS 572D-6 turn on voluntariness and on disclosure of the other party's property or financial obligations.

Can a Hawaii prenup waive alimony?

HRS 572D-3(a)(4) allows modification or elimination of spousal support, but HRS 572D-6(b) lets a court order support to the extent needed to keep a spouse from becoming eligible for public assistance.

Can a prenup set child support in Hawaii?

A premarital agreement may not adversely affect a child's right to support (HRS 572D-3(b)).

How do you change a prenup after marriage in Hawaii?

HRS 572D-5 allows amendment or revocation after marriage only by a written agreement signed by the parties, which is enforceable without consideration.

How does Hawaii divide property on divorce without a prenup?

On divorce, HRS 580-47(a) lets the court divide the parties' estate whether community, joint, or separate, on a just and equitable basis.