This document contains a list of clauses used in premarital agreements, followed by the full clauses used in the agreements. The 38-page document also contains general comments on negotiating, drafting, and execution of premarital agreements.
Hawaii Prenuptial Agreements - General Comments on the Negotiating, Drafting and Execution of Prenuptial Agreements
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FAQ
Issues that are typically dealt with in a prenuptial agreement include spousal support in the event of separation or divorce, including whether the couple will waive spousal support, arrangements regarding care and support of children that either party may have from a prior relationship and how those support payments
Generally speaking, both fiance's should hire attorneys to negotiate and draft a prenup on their own behalf, because the agreement may not be enforceable without involvement of separate legal counsel. Most lawyers representing parties in prenuptial negotiations act as if it the entire transaction is purely business.
Like any legal contract, however, prenuptial and postnuptial agreements can be challenged under certain circumstances: Fraud. Duress (potentially including undue influence) Unconscionability.
In Hawaii, prenuptial agreements must be in writing. Both spouses must sign the prenuptial agreement. And, the agreement is enforceable only after the couple marries; if they never marry, the agreement never goes into effect.
The signing party must have full knowledge of the other spouse's property, assets and debts. If it is alleged that the party hid assets from the signing spouse at the time that the prenuptial agreement was created, or that the contract contains falsified financial information, this will void the agreement.
Deceitful Information: A premarital agreement is only valid if it's entered following full disclosure by each party concerning their income, any assets, and obligations. If one party provides the other party with information that isn't true, it invalidates the agreement.
Prenups do not expire unless you have a specific clause in your prenuptial agreement stating an expiration date. Your prenup will remain valid for as long as you are married, unless both parties consent to an amendment or revocation.
Under California law, all contracts, including prenuptial agreements, must be signed by parties voluntarily. Thus, if evidence shows that someone forced, coerced or manipulated a person into signing, the contract can be invalid.
If you or your spouse do not do that or fail to disclose certain assets, your prenup could be invalidated. The agreement is found to be extremely one-sided. Prenups are not enforceable if they are found to be unconscionable or in extreme favor of one spouse over the other.
According to the Merriam-Webster dictionary, the term unconscionable means: 1) not guided or controlled by guidance; 2) shockingly unfair or unjust.