Some couples getting married in Hawaii assume they do not need a prenuptial agreement because they are not wealthy. However, there are other reasons partners may want to sign a prenup. For example, people who have children from a previous marriage may want a prenup to protect their assets for those children.
Marriage is an exciting step to take with your romantic partner, and there are any personal and legal benefits you may gain by getting married. However, it is also important to understand that you may end up losing property and/or financial assets if you get divorced. Hawaii law does not follow a "community property" stance that splits property equally between divorcing spouses. Instead, a court may divide your assets in the event of a divorce. Creating a prenuptial agreement may help you retain some control over your financial circumstances in the event you get divorced.
Most likely assume that family matters begin and end with the members of an individual nuclear family. Yet as societal norms shift, immediate family members have increasingly been placed into roles where their considerations must also be determined when dealing with issues such as custody and visitation. Both in Hawaii and throughout the rest of the U.S., grandparents specifically are seemingly becoming more and more involved in their grandchildren's lives. According to information shared by the U.S. Census Bureau, roughly 10 percent of American grandparents have at least one grandchild in their households. When grandparents are heavily involved in the rearing of a child, their rights might also be considered in family law rulings.
According to the law, a baby born to a married couple in Hawaii has two legal parents. However, if the couple is not married, only the mother has legal parenthood. If you wish to claim fatherhood of your child legally, there are additional steps. At Coates Frey Tanimoto & Gibson, our team has experience assisting fathers in establishing paternity of their children.
Can you get a prenuptial agreement after you are legally married? Technically, no. Once everything is official, there is no longer any way to create a prenup for that marriage. There is, however, a very similar type of contract you might want to consider.