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Divorce and Estate Planning in Hawaii: Prenuptial Agreements Agreement must be in writing and signed by both parties; Both parties should fully disclose all assets; Both parties should have an opportunity to consult separate and independent counsel; It is enforceable without consideration;
In Honolulu, premarital or prenuptial agreements and how they are enforced by the courts is covered under HRS §§ 572D to 572D-11. Under this chapter, a prenuptial agreement must be in writing and signed by both parties, it is enforceable without consideration.
A general rule of thumb is that ?if you have a few hundred thousand dollars [in assets], you should at least consider a prenup,? says Holeman. ?But in my experience working with clients, the big cause for actually needing a prenup isn't necessarily on the dollar amount.?
How to Ask for a Prenup Put yourself in their shoes. Start the conversation early. Choose the right moment. Read up on prenups together. Be honest and transparent. Be prepared for some awkwardness. Don't demand, converse. Listen genuinely, and don't interrupt.
The prenup should be signed and dated by both parties. Depending on your state you will need one or two others to witness the signing of the agreement. You must get the document notarized. Make three copies.