Divorce is something that most couples are not contemplating when they commit to marry. However, when you are contemplating marriage is usually the best time for couples to consider and plan in the event that separation occurs. An agreement that specifies how the most commonly disputed issues in a divorce are resolved can help to avoid stress and expense of future litigation.
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Frequently Asked Questions about Marital Agreements in Hawaii
What are marital agreements?
Marital agreements are agreements made between two people, either planning to get married or already married, which define each spouse’s rights and responsibilities in the event that the marriage is terminated by death or in the event that the parties later get divorced. Agreements made prior to getting married are typically referred to as premarital agreements (also called prenuptial agreements). Marital agreements made after the parties are already married are referred to as postmarital or postnuptial agreements. Premarital agreements are governed by Hawaii Revised Statutes Section 572D .
One important aspect of such agreements are making sure each party has had the appropriate opportunity to review the other party’s financial circumstances. Another important aspect is to ensure that the terms are not so one-sided and unfair so as to make the agreement unconscionable.
Engaging with an experienced Hawaii Family Law attorney for your marital agreement will help ease your mind about the process and be confident in the arrangements.