There’s something about Hawaii that makes everything feel idyllic. Between planning a beachfront ceremony on Oahu, saying “I do” on Maui with the ocean as your backdrop, or exchanging leis under the Big Island’s star-filled sky, wedding planning here feels like pure magic. But amid the flowers and waves, practical and important topics, like signing a prenuptial agreement, still make their way onto your wedding to-do list. But, do I need a lawyer for a valid prenup in Hawaii? And, where do I even find a prenup attorney? Continue reading to learn more about prenuptial agreements and to find out the answers to your questions.
Do I need a lawyer for a valid prenup in Hawaii?
Hawaii follows the Uniform Premarital Agreement Act (UPAA), codified at Hawaii Revised Statutes. Under this law, there’s no legal requirement that either party be represented by counsel (Haw. Rev. Stat. §§ 572D-1 to 572D-11). So technically, you could draft and sign a prenup without ever talking to a lawyer. But, it’s highly recommended that you hire one if you want the agreement to stand up in court. A prenup drafted by an attorney is much more likely to be upheld if contested later. And, prenups do get contested. Set yourself up for solid financial protection by having a lawyer draft the legal language and nuance required for a quality prenup. A lawyer will also ensure that the terms of the prenup abide by state law.
Do we both need to hire a lawyer, or can just one of us hire one?
As stated above, there’s no requirement in Hawaii that you hire a lawyer for an enforceable prenup. But, Hawaii courts scrutinize prenups to make sure they’re fair, executed properly, and not the product of coercion. If one party had a lawyer and the other didn’t, the unrepresented spouse might later argue that they didn’t fully understand what they signed or didn’t fully grasp the consequences of the prenup’s provisions. While this doesn’t automatically invalidate the agreement, judges are far more likely to uphold a prenup when both sides had independent legal advice. It shows the court that each partner knew their rights and entered into the agreement with eyes wide open.
Can We Share a Lawyer?
As tempting as it may be to save money and time by sharing one lawyer, it’s almost always a bad idea. In Hawaii, just like in most states, an attorney owes a duty of loyalty to their client and cannot represent two parties whose interests might conflict. Even if you and your fiancé agree on every term, a lawyer can’t ethically advocate for both of you. If you share counsel, you risk undermining the validity of the prenup later especially if there’s any argument about fairness or coercion. The safer, and frankly, smarter, approach is for both you and your fiancé to hire separate lawyers to advocate for each of your needs. This way, both parties’ rights are protected and the prenup has a stronger footing if challenged.
Can I Draft My Own Prenup?
There are no laws keeping you from drafting your own prenup in Hawaii. The UPAA doesn’t prohibit self-drafted agreements, and you’ll find plenty of online templates promising to “save you thousands.” But DIY prenups carry risks. A prenup that doesn’t follow Hawaii’s legal requirements can be thrown out entirely. Courts look closely at whether both parties fully disclosed their assets, signed voluntarily, and had adequate time to review. If any of those elements are missing, your agreement could be deemed unenforceable no matter how carefully you typed it up at home.
There’s also the issue of nuance. A prenup is more than just “you keep yours, I keep mine.” It can address spousal support, future inheritances, and even how to treat appreciation on premarital property (i.e. your condo in Honolulu doubling in value over ten years). A good Hawaii family law attorney knows how to tailor terms to your situation and ensure the language holds up in court. If you do choose to go the DIY route, use a highly-regarded online prenup drafting platform like HelloPrenup, where your agreement is expertly drafted, abides by Hawaii laws, and you can add on attorney services at a fraction of the price.
What Are the Legal Requirements for a Valid Prenup in Hawaii?
Hawaii’s UPAA lays out the framework for what makes a prenup valid. At its most basic, the agreement must be in writing, signed by both parties, and executed before marriage. But there are additional requirements that courts will review if the prenup is ever challenged. First, the agreement must be voluntary. That means no coercion, no last-minute presentations on the eve of the wedding, and no undue pressure. Second, there must be fair and reasonable disclosure of assets and debts, unless that disclosure is expressly waived in writing. In practical terms, you can’t hide significant property or income. Doing this risks the agreement being invalidated. Third, the prenup must not be unconscionable. This is legal speak for “grossly unfair.” If one party is left destitute while the other walks away with everything, a Hawaii court may strike the agreement. Hawaii courts, as seen in situations like 1987 case of Lewis v. Lewis, generally uphold prenups when these standards are met. In Lewis, the Hawaii Supreme Court enforced a prenup that was voluntarily signed and fairly disclosed, emphasizing that fairness and voluntariness are key to enforceability (Lewis v. Lewis (1987)).
How Much Does a Prenup Lawyer Cost in Hawaii?
The cost of hiring a lawyer for a prenup in Hawaii varies depending on the complexity of your finances and the lawyer’s experience. On average, straightforward agreements may cost $1,500 to $3,000. More complex situations, such as when one partner owns a business, has significant real estate holdings on multiple islands, or wants to address future inheritances or lifestyle clauses, can push costs well beyond $5,000. Many family law attorneys in Hawaii offer flat fees for drafting and reviewing prenups, which can help you plan and avoid surprise bills.
While paying for a prenuptial agreement may feel like a significant investment, consider the alternative. In a world where you don’t spend money on a well-drafted prenup, your divorce could cost you tens of thousands of dollars in legal fees and lost assets. Viewed through that lens, spending a few thousand dollars upfront for clarity and peace of mind is often worth it.
Where Do I Find a Prenup Lawyer in Hawaii?
When looking for a family law attorney in Hawaii, first ask trusted friends and family for a referral. Then, make sure you read reviews and ask the attorney specific questions about their experience in drafting prenups. Another good resource is the Hawaii State Bar Association’s Lawyer Referral & Information Service, which can connect you with vetted lawyers statewide. Local bar associations on Oahu, Maui, and the Big Island also maintain referral resources. Many lawyers offer a free consultation before you hire them. Use this time to ask about their experience and to see how they envision your prenup drafting process to look.
Final thoughts on whether you need a lawyer for a valid prenup in Hawaii
Hawaii law doesn’t require you to hire a lawyer to create a valid prenup, but having one is one of the smartest decisions you can make in your adult life. Independent counsel ensures that the agreement is fair, voluntary, and likely to withstand scrutiny if challenged in the future. More than that, working with a lawyer can help transform what feels like an awkward conversation into a constructive one focused on clarity, trust, and partnership. Marriage in Hawaii may start with sunsets, adventure, and surfboards, but the marriages that are built to last also begin with your feet planted firmly on the ground focused on honest conversations with your fiancé. These transparent talks enable the two of you two to intentionally plan your life together. By creating a thoughtful, well-drafted prenup you and your partner can grow closer while planning how to protect one another and your financial futures together.
Chumahan Bowen is the senior attorney and partner at Ovando Bowen LLP, with over 10 years of experience. Chumahan received a B.A. in English from the University of California, Berkeley. While at Berkeley Chumahan received the James Phellon Fellowship. After, Chumahan received his M.F.A. in Screenwriting from University of California, Los Angeles (UCLA). While at UCLA Chumahan received the Eydie Gorme Fellowship. He then went on to receive his J.D. from Pepperdine University. Chumahan is also a Certified Professional Coach and Leadership Coach and earned a professional certificate in the Straus School of Dispute Resolution.
Chumahan draws on his years of litigation to advocate for his clients to ensure all areas are covered and that the client is satisfied with the end result.
Chumahan is admitted to practice in both California and Hawaii.
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