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Kona Prenuptial Agreement

Until recently, only a handful of couples signed property agreements. The laws were quite complex. And, the agreement would probably not have been valid on the mainland, and it may not even have been valid in the eyes of another Hawaii judge.

The Uniform Marital and Premarital Agreements Act substantially changed the landscape. The UMPAA streamlined the laws and made results more consistent, both in Hawaii and the other twenty-six UMPAA states.

At Olson & Sons, our Kona divorce lawyers understand how important a premarital agreement may be to your marriage. These pacts do more than make possible divorce proceedings less expensive and time-consuming. In most cases, prenuptial agreements also make your marriage stronger.

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How a Prenuptial Agreement Can Protect Your Marriage

Essentially, a premarital agreement is an insurance policy. No homeowner wants or expects the house to burn down, but responsible owners still obtain fire insurance. Likewise, no one wants or expects a marriage to end in divorce, but responsible spouses should be prepared for the unexpected.

Prenuptial agreements can cover almost any financial subject between the spouses, such as property division and spousal support. These pacts may also address inheritance and succession matters, making them especially important for people who have children from prior relationships.

Can Kona Divorce Lawyers Break Prenuptial Agreements?

The UMPAA also standardized the procedure to invalidate an unfavorable premarital agreement. There are basically two options:

  • Unconscionable: If the agreement was unconscionable (as opposed to uneven) when it was made, the agreement may be invalid.
  • Involuntary: Premarital agreements could be involuntary if one spouse sprang the agreement on the other spouse at the last minute or if one spouse withheld important financial information.

The challenging party has the burden of proof to establish unconscionability or involuntariness in court. Usually, the party must demonstrate one of these things by a preponderance of the proof (more likely than not).

Schedule a Consultation with Our Prenuptial Agreement Attorney Today

Prenuptial agreements strengthen your marital bond. They work like insurance and cover financial subjects, such as property division and spousal support, between spouses. For a confidential consultation with an experienced Kona divorce lawyer, contact Olson & Sons, L.C. Convenient payment plans are available. Call us on (808) 201-1367 today!