Title 31, Family

[§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 …

[§572B-1] Definitions. As used in this chapter, unless the context otherwise requires: "Agent" means the person or persons appointed as an agent or agents by the department of health pursuant to section 572-5. "Civil union" means a union between two individuals established pursua…

§572B-10 Unions performed in other jurisdictions. A legal union of two persons that is not a marriage under chapter 572, which was validly formed in another jurisdiction, and which is substantially equivalent to a civil union under this chapter, shall be recognized as a valid civ…

[§572B-11] References and inclusions. A party to a civil union shall be included in any definition or use of the terms "spouse", "family", "immediate family", "dependent", "next of kin", and other terms that denote the spousal relationship, as those terms are used throughout the …

§572B-2 Eligibility to enter into a civil union. A person shall be eligible to enter into a civil union only if the person is:

[§572B-3] Civil unions void; when. A civil union shall be void between the following persons: parent and child, grandparent and grandchild, two siblings, aunt and nephew, aunt and niece, uncle and nephew, uncle and niece, and persons who stand in relation to each other as ancesto…

§572B-4 Solemnization; license to perform; refusal to join persons in a civil union. (a) A civil union shall become valid only upon completion of a solemnization by a person licensed in accordance with this section. (b) Any judge or retired judge, including a federal judge or jud…

[§572B-4.5] Rights held by reciprocal beneficiaries who enter into a civil union. (a) If two reciprocal beneficiaries enter into a civil union with each other, the rights, benefits, protections, or responsibilities created by the reciprocal beneficiary relationship shall be conti…

§572B-5 Applicants for civil union; license required; limitations. (a) No persons may be joined in a civil union in this State unless both partners have: (b) The license, when certified by the agent, is sufficient authority for any person authorized to perform a civil union solem…

§572B-6 Application for license for persons who wish to enter into a civil union; fee. (a) No license for a civil union shall be issued by an agent until both applicants have appeared in-person or by synchronous online access, as authorized by the department of health in rules ad…

[§572B-7] Persons under control of conservator or guardian. (a) No civil union license may be issued to any applicant under the supervision or control of a conservator or guardian, appointed in accordance with chapter 560, unless the written consent of the conservator or guardian…

§572B-8 Record of solemnization; reported by whom; affidavit; evidentiary weight of certificate or affidavit. (a) Each person who solemnizes a civil union shall certify upon the civil union license certificate all the facts required to be stated in a standard certificate of civil…

[§572B-9] Benefits, protections, and responsibilities. Partners to a civil union lawfully entered into pursuant to this chapter shall have all the same rights, benefits, protections, and responsibilities under law, whether derived from statutes, administrative rules, court decisi…

§572B-9.5 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, …

[§572C-1] Purpose. The purpose of this chapter is to extend certain rights and benefits which are presently available only to married couples to couples composed of two individuals who are legally prohibited from marrying under state law. [L 1997, c 383, pt of §1]

§572C-2 Findings. The legislature acknowledges that there are many individuals who have significant personal, emotional, and economic relationships with another individual yet are prohibited by legal restrictions from marrying. For example, two individuals who are related to one …

[§572C-3] Definitions. For the purposes of this chapter: "Declaration of reciprocal beneficiary relationship" means a statement in a form issued by the director that declares the intent of two people to enter into a relationship. By signing it, two people swear under penalty of p…

§572C-4 Requisites of a valid reciprocal beneficiary relationship. In order to enter into a valid reciprocal beneficiary relationship, it shall be necessary that:

[§572C-5] Registration as reciprocal beneficiaries; filing fees; records. (a) Two persons, who meet the criteria set out in section 572C-4, may enter into a reciprocal beneficiary relationship and register their relationship as reciprocal beneficiaries by filing a signed notarize…

[§572C-6] Rights and obligations. Upon the issuance of a certificate of reciprocal beneficiary relationship, the parties named in the certificate shall be entitled to those rights and obligations provided by the law to reciprocal beneficiaries. Unless otherwise expressly provided…

§572C-7 Termination of reciprocal beneficiary relationship; filing fees and records; termination upon marriage. (a) Either party to a reciprocal beneficiary relationship may terminate the relationship by filing a signed notarized declaration of termination of reciprocal beneficia…

[§572D-1] Definitions. As used in this chapter, unless the context otherwise requires: "Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. "Property" means an interest, present or future, legal…

[§572D-10] Prior agreements. All written agreements entered into prior to July 1, 1987, between prospective spouses for the purpose of affecting any of the provisions of this chapter shall be valid and enforceable if otherwise valid as contracts. [L 1987, c 321, pt of §1]

[§572D-11] Short title. This chapter may be cited as the Uniform Premarital Agreement Act. [L 1987, c 321, pt of §1]

[§572D-2] Formalities. A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration. [L 1987, c 321, pt of §1]

[§572D-3] Content. (a) Parties to a premarital agreement may contract with respect to: (b) The right of a child to support may not be adversely affected by a premarital agreement. [L 1987, c 321, pt of §1]

[§572D-4] Effect of marriage. A premarital agreement becomes effective upon marriage of the parties to each other. [L 1987, c 321, pt of §1]

[§572D-5] Amendment; revocation. After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration. [L 1987, c 321, pt of §1]

[§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 elimin…

[§572D-7] Enforcement; void marriage. If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result. [L 1987, c 321, pt of §1]

[§572D-8] Limitation of actions. Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including la…