Title 31, Family

[§572-1.9] Reliance on federal law. Any law of this State that refers to, adopts, or relies upon federal law shall apply to all marriages recognized under the laws of this State as if federal law recognized such marriages in the same manner as the laws of this State so that all m…

§572-10 Applicant apparently under age. If any applicant for a license to marry appears to any agent to be under the age of eighteen years, the agent shall, before granting a license to marry, require the production of a certificate of birth or other satisfactory proof showing th…

§572-11 Marriage ceremony; license to solemnize; fees. (a) It shall be unlawful for any person to perform a marriage ceremony within the State without first obtaining from the department of health a license to solemnize marriages. A standard license to solemnize marriages shall b…

§572-12 By whom solemnized. (a) A license to solemnize marriages may be issued to, and the marriage rite may be performed and solemnized by: upon presentation to the person or society solemnizing the marriage of a license to marry, as prescribed by this chapter. A person or socie…

[§572-12.1] Refusal to solemnize a marriage. (a) Notwithstanding any other law to the contrary, a clergy, minister, priest, rabbi, officer of any religious denomination or society, or religious society not having clergy but providing solemnizations that is authorized to perform s…

[§572-12.2] Religious organizations; exemption under certain circumstances. (a) Notwithstanding any other law to the contrary, a religious organization or nonprofit organization operated, supervised, or controlled by a religious organization shall not be required to provide goods…

§572-13 Record of solemnization; marriages, reported by whom; certified copies. (a) Recordkeeping. Every person authorized to solemnize marriage shall make and preserve a record of every marriage by the person solemnized, comprising the names of the parties married, their place o…

[§572-13.5] Revocation or suspension of licenses to solemnize. Any license to solemnize marriages issued pursuant to section 572-12 may be revoked or suspended by the department of health, if the holder of the license has failed to comply with the applicable provisions of this ch…

§572-15 Delivery of records to department of health; penalty. Whenever any agent authorized to grant marriage licenses ceases to be an agent, or is directed to do so by the department of health, or leaves the State, the agent shall deliver to the department all the agent's record…

[§572-16] Rules and regulations. The director of health may make such rules and regulations as may be necessary or appropriate to carry out the provisions of this chapter. [L 1969, c 19, §3]

§572-2 Consent of parent or guardian. Whenever any person who is under the age of eighteen is to be married, the written consent of his or her parents, or guardian or other person in whose care and custody he or she may be, shall accompany the application for a license to marry. …

PART II. PROPERTY CONTRACTS, DEBTS, AND LIABILITIES [§572-21] Presumption of separate property. There is a rebuttable presumption that all property, both real and personal, acquired in the name of the husband or of the wife, without regard to the time of acquisition thereof, is t…

§572-22 Contracts. (a) A married person may make contracts, oral and written, sealed and unsealed, with the married person's spouse, or any other person, in the same manner as if the married person were sole. (b) An agreement between spouses providing for periodic payments for th…

[§572-23] Not liable for spousal debts. A married person is not liable for the debts of a spouse; nor is a married person's property liable to be taken on execution or other process against that person's spouse. [L 1888, c 11, §6; RL 1925, §2999; RL 1935, §4650; RL 1945, §12371; …

[§572-24] Spousal liabilities. Both spouses of a marriage, whether married in this State or in some other jurisdiction, and residing in this, shall be bound to maintain, provide for, and support one another during marriage, and shall be liable for all debts contracted by one anot…

§572-25 Separate property. The real and personal property of a spouse, upon marriage, shall remain that spouse's separate property, free from the management, control, debts, and obligations of the other spouse; and a spouse may receive, receipt for, hold, manage, and dispose of p…

§572-26 May be personal representative, guardian, trustee, or other fiduciary. A married person may be a personal representative, guardian, trustee, custodian, or other fiduciary and may bind the person's self and the estate the person represents without any act or assent on the …

§572-27 Persons as sureties. All persons, upon attaining their majority, and having the necessary property qualifications as by law required, may act, serve, and be sureties on all bonds and undertakings required under the laws of the State. [L 1923, c 9, §1; RL 1925, §2997; RL 1…

§572-28 Suits by and against. A married person may sue and be sued in the same manner as if the person were sole. This section shall be construed to authorize tort suits between spouses. [L 1888, c 11, §5; RL 1925, §2998; RL 1935, §4649; RL 1945, §12370; RL 1955, §325-5; HRS §573…

§572-29 Marriage settlement not invalidated. Nothing contained in this part shall invalidate any marriage settlement or contract. [L 1888, c 11, §11; RL 1925, §3004; RL 1935, §4655; RL 1945, §12376; RL 1955, §325-8; HRS §573-8; ren and am L 1987, c 46, §3 and am c 283, §59]

§572-3 Contracted without the State. Marriages between two individuals regardless of gender and legal where contracted shall be held legal in the courts of this State. [CC 1859, §1290; RL 1925, §2945; RL 1935, §4632; RL 1945, §12353; RL 1955, §323-3; HRS §572-3; am L 1994, c 217,…

§572-4 Right of domicile, sex or marital status. The right of an individual to be or to become a resident domiciled in this State shall not be denied or abridged because of the sex or marital status of the individual. The residence of one spouse does not establish the residence o…

§572-5 Marriage license; agent to grant; fee. (a) The department of health shall appoint, and at its pleasure remove, one or more suitable persons as agents authorized to grant marriage licenses under this chapter in each judicial circuit. The agents may issue licenses from any s…

§572-6 Application; license; limitations. (a) To secure a license to marry, the persons applying for the license shall appear: The application shall be accompanied by a statement signed and sworn to by each of the persons, setting forth: each person's full name, date of birth, so…

§572-9 Persons under age. Whenever any person who is under the age of eighteen, whose parents are dead, or who is a ward of a family court, applies for a license to marry, he or she shall set forth in the statement accompanying the application, the name of his or her guardian or …