Enforcement

HRS §572D-6, under Chapter 572D.

HRS §572D-6

[§572D-6] Enforcement. (a) A premarital agreement is enforceable and shall be binding in any action unless the party against whom enforcement is sought proves that:

(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.

(c) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law. [L 1987, c 321, pt of §1]