Hawaii Prenuptial Agreement Attorney

First and foremost… is a prenup attorney legally required for a valid and enforceable prenup in Hawaii? The answer is no–there’s no statute explicitly requiring attorney advice or representation for a valid and enforceable prenup. However, Hawaiian courts may consider whether both parties had the opportunity to consult with their own attorneys when deciding if a prenup is valid. A recent case from 2020, L.R.O v. N.D.O., illustrates this point. Even though the wife didn’t have a lawyer, the court upheld the prenup. Th court emphasized that she voluntarily signed the agreement, as she had the funds and resources to get a lawyer but chose not to. So, the court upheld the agreement. 

Bottom line? You don’t need a lawyer in Hawaii for a prenup, but whether or not you had the opportunity to speak with a lawyer may come into question if one spouse ever challenges the agreement.

So, what makes a Hawaiian prenup enforceable? Hawaiian prenups are governed by the Hawaiian Uniform Premarital Agreement Act (HUPAA). This means whatever the HUPAA says goes. The requirements laid out in this Act include: 

• Putting the agreement in writing
• Making sure both parties sign the prenup
• Ensuring both parties enter the agreement voluntarily 
• Provide full financial disclosure to one another (no, you cannot hide some of your assets or debt) 
• Not including overly one-sided terms
• Not including terms that are against the law or against public policy
• (See Haw. Rev. Stat. § 572D-2 through 6 for the fine print) 

In addition, Hawaiian case law also carves out how prenups are enforced in Hawaii. Case law is a collection of past court decisions that helps guide future legal decisions. It’s essentially a record of how judges have interpreted and applied laws in specific cases. (Hint: Reading case law is really complex, so this is another reason hiring a lawyer or using a state-compliant platform is crucial!). 

Now that you’re ready to hire a lawyer…where do you start? It’s a daunting quest, no question, but we’re here to provide you with some tips. Start by asking your friends and family if they know of any good prenup lawyers in your area. This is a great way to find pre-vetted attorneys that you know you can trust. Then, you can try going to Hawaii’s Bar Association website and checking out the referral programs and attorney directory. There are other online attorney directories, such as Avvo. Next up? Google. Try googling “Prenup attorney Honolulu” or “family law attorney near me.” (Just keep in mind not all family law attorneys do prenups). 

Once you have a few good prenup lawyer contenders, you can set up some free consultations with them to see if you like them. Many prenup attorneys will speak with you (free of charge) for 10-20 minutes to answer your questions. After you speak with a few, you can pick an attorney you feel the most comfortable with!

Just like you wouldn’t go to an eye doctor for a foot problem, you wouldn’t call up your local Labor and Employment lawyer for your prenup job. Typically, family law attorneys and potentially estate planning attorneys do prenups. Sometimes, there are attorneys who only do prenups and nothing else.

If you have an eye on some Hawaiian family law attorneys, just check their website or give their office a call to make sure they actually do prenups. Not all family law attorneys do them.

You may be wondering, “So if I hire this Hawaiian prenup attorney, what will they actually do for me?” And it’s a great question! Prenup attorneys (regardless of state) will generally provide you with all of the following services: 

• They will speak with you to understand your goals with the prenup.
• They will draft the agreement.
• If they didn’t draft the prenup themselves, they will review your existing prenup from another lawyer. 
• They will advise you on whether or not to sign the terms of the agreement and make suggestions on what you should sign. 
• They will negotiate on your behalf. 
• They will answer your legal questions. 
• They will provide you with example outcomes based on your state’s divorce laws. 
• They will ensure you execute the prenup according to state law. 

From start to finish, a prenup lawyer will have your best interests in mind. Think of it this way: a prenup lawyer will be your personal tour guide through the “island” of marriage and prenups.