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The Hawaii marital separation agreement form is a legal document that allows spouses to outline rules and obligations that they need to follow. When the terms of the agreement are established, spouses can live separate lives while still married.
Spouses choose a separation agreement instead of divorce for different reasons. For example, a joint health care program, financial issues, or custody reasons.
Is a Separation Agreement Legal in Hawaii?
Yes, a separation agreement is legal in Hawaii. The law allows married couples to form a separation document that will define the rules of separation.
Laws and Legal Requirements for a Marital Separation Agreement in Hawaii
The laws and legal requirements for a marital separation agreement in Hawaii make sure that both spouses rights are protected and responsibilities are clearly defined.
Section 580-71 of the Hawaii Revised Statutes states that the family court can grant a legal separation for up to two years. One spouse must ask for it, and then the court will decide if there are issues in marriage that lead to separation.
Section 580-71.5 of the Hawaii Revised Statutes states that separation status does not stop spouses from getting divorced. You can start the divorce process with reasons completely different from those that led to separation.
Signing Requirements for a Marital Separation Agreement in Hawaii
The signing requirements for a marital separation agreement in Hawaii are as follows:
Signing Requirements
The separation agreement must be in writing
Both parties are signing the document willingly, and nobody is influencing them
The document can be notarized to add an extra layer of authenticity
What Does a Marital Separation Agreement in Hawaii Cover?
A marital separation agreement in Hawaii covers different matters related to the separation process that need to be addressed. We are going to mention a few that must be considered for the separation agreement template.
The first is child custody, and here it is very important to make the best choice for children and not be selfish. The matter of child support should be mentioned along with custody if the spouse with custody is not capable of taking care of children financially.
Another matter would be the division of marital property. Everything that spouses gain in marriage should be divided in such a way that both spouses are satisfied.
Spousal support is also an important issue in the separation process. In cases where one spouse is unemployed or can’t keep the same lifestyle after separation, support payments should be established to avoid financial dependency on the other spouse.