{"data":{"id":"us-hi/haw.-rev.-stat.-572d-6","jurisdiction":"us-hi","citation":"Haw. Rev. Stat. § 572D-6","heading":"Enforcement.","body":"(a) A premarital agreement is enforceable and shall be binding in any action unless the party against whom enforcement is sought proves that:\n\n(1) That party did not execute the agreement voluntarily; or\n\n(2) The agreement was unconscionable when it was executed and, before execution of the agreement, that party:\n\n(A) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;\n\n(B) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and\n\n(C) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.\n\n(b) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid eligibility for public assistance.\n\n(c) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.","path":["HI Code","Division 3","Title 31","Chapter 572D"],"source_url":"http://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0572D/HRS_0572D-0006.htm","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:11Z","sha256":"b166d8a16ed77f96493d162d473db03b16d0746e891cf73483f0167169507bff","source_id":"us-hi","stale":false,"prev":"us-hi/haw.-rev.-stat.-572d-5","next":"us-hi/haw.-rev.-stat.-572d-7"},"notice":"GroundRules: Original legal text. Not legal advice."}