prenuptial agreement
You may have seen language like "the parties agree that property owned before marriage will remain separate" or heard someone say, "sign the prenup before the wedding." That usually points to a prenuptial agreement: a written contract made by two people before they marry that sets rules for property, debts, income, business interests, and sometimes whether one spouse may receive spousal support if the marriage ends.
Used properly, it gives both people a clear map before money and emotions get tangled. A prenup can protect family assets, define what stays separate property, explain how marital property will be handled, and reduce fights during a divorce. It cannot usually decide child custody or lock in child support terms in a way that overrides a court's duty to protect a child's best interests.
For an injury claim or other financial recovery, the agreement can matter a lot. A settlement, lawsuit award, or business income connected to one spouse may be treated differently depending on how the contract is written. In Hawaii, premarital agreements are governed by the Hawaii Uniform Premarital Agreement Act, Haw. Rev. Stat. Chapter 572D (1987). Courts may refuse to enforce one that was not signed voluntarily or was unconscionable when signed, especially if there was not fair financial disclosure.
Nothing on this page should be taken as legal advice — it's general information that may not apply to your specific case. If you've been hurt, a lawyer can tell you where you actually stand.
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