Hawaii marriage laws let any two people marry regardless of gender, with no residency requirement, no citizenship requirement, and no blood tests, provided both are at least 16, are not closely related, and have no living spouse or civil union partner.1Hawaii Department of Health. Marriage and Civil Union Licenses The rules live mainly in Chapter 572 of the Hawaii Revised Statutes, which covers eligibility, licensing, and who is allowed to perform the ceremony.2Justia. Hawaii Code Chapter 572 – Marriage
Who Can Legally Marry
Both parties must be at least 16. Anyone under 18 needs written consent from both parents or a legal guardian before a license will issue, and someone who is 15 needs written approval from a family court judge in the circuit where they live. No one younger than 15 may marry.3Justia. Hawaii Code 572-1 – Requisites of Valid Marriage Contract
Certain family relationships are off limits. The prohibition covers ancestors and descendants of any degree, siblings and half-siblings, and aunt or uncle to niece or nephew, and it applies whether or not the relatives’ parents were ever married.3Justia. Hawaii Code 572-1 – Requisites of Valid Marriage Contract
Neither party can already have a living husband, wife, or civil union partner. Any prior marriage or civil union must be legally dissolved before a new license will be issued.3Justia. Hawaii Code 572-1 – Requisites of Valid Marriage Contract
Getting the Marriage License
Both parties have to appear together, in person, before a licensed marriage agent. Hawaii does not require blood tests, residency, or U.S. citizenship, which is a big part of why the state remains a popular destination for weddings.4Hawaii Department of Health. Frequently Asked Questions
The total cost is $65: a $60 license fee plus a $5 online portal administration fee.5Hawaii Department of Health. Hawaii Electronic Marriage and Civil Union Registration System You can start the application online through the state’s Electronic Marriage Registration System, and the application stays active for up to a year while you wait to appear before an agent.
There is no mandatory waiting period after the license is issued. You can hold the ceremony the same day. Once issued, the license is good for 30 days; if no ceremony happens in that window, it becomes void and you start over.1Hawaii Department of Health. Marriage and Civil Union Licenses
Who Can Perform the Ceremony
Every marriage in Hawaii must be solemnized by someone licensed by the state. Three categories qualify: ordained ministers, priests, or officers of a religious denomination authorized under that faith’s customs; active or retired justices, judges, or magistrates of any state or federal court in Hawaii; and civil officiants — anyone at least 18 who obtains a state license to solemnize marriages.6Justia. Hawaii Code 572-12 – By Whom Solemnized
The civil officiant path is what lets a friend or family member marry you legally, provided they register in advance. A one-year officiant license costs $110 ($100 fee plus $10 portal charge), and a 60-day license costs $35 ($25 plus $10). Registration takes up to two weeks, so anyone planning to officiate should apply well before the wedding date.7Hawaii Department of Health. Registration
Hawaii does not require witnesses. The license form has three signature lines, one each for the two spouses and the officiant, and the officiant serves as the official witness.
Marriages From Other States and Countries
Hawaii recognizes any marriage that was legal in the place where it was performed. Under Section 572-3, if the marriage was valid where it happened, it is valid in Hawaii, and that applies to both other U.S. states and foreign countries.8Department of the Attorney General. Marriages Abroad The exception is public policy: a marriage that would violate Hawaii’s fundamental legal standards, such as a polygamous union or a marriage between close relatives, will not be recognized even if it was legal elsewhere.
Hawaii itself does not allow common law marriage to form within the state. Living together and holding yourselves out as married creates no legal marriage here; you need a license and a licensed officiant.3Justia. Hawaii Code 572-1 – Requisites of Valid Marriage Contract But a common law marriage that was validly established in a state that permits them, such as Colorado or Texas, should be recognized in Hawaii under the same rule that governs any out-of-state marriage.8Department of the Attorney General. Marriages Abroad
What Marriage Gives You Legally
Property
Hawaii is an equitable distribution state. In a divorce, a court divides marital property fairly, which is not necessarily 50/50. Judges weigh the length of the marriage, each spouse’s financial situation, and contributions to the household, including non-financial contributions like homemaking and childcare. Assets acquired during the marriage are generally treated as marital property subject to division.
Taxes and Estate Planning
Married couples can file joint state and federal tax returns, which often lowers the combined tax bill compared with filing separately. Hawaii also imposes its own estate tax on top of the federal one, and spouses can use the unlimited marital deduction to pass assets to each other at death without triggering that tax.9Hawaii Department of Taxation. Chapter 236E – Estate and Generation-Skipping Transfer Tax
Inheritance
When someone dies without a will, Hawaii intestacy law protects the surviving spouse. If the deceased left no surviving children or parents, the spouse inherits the entire estate. Even when other heirs exist, the spouse is entitled to a substantial share, and those rights exist automatically by virtue of the marriage.
Healthcare Decisions
Under Hawaii’s Uniform Health-Care Decisions Act, a spouse is among the first people authorized to make medical decisions for an incapacitated partner when there is no advance directive or designated agent. The statute identifies the spouse, unless legally separated or estranged, as an interested person who can serve as a surrogate decision-maker.10Justia. Hawaii Code 327E-2 – Definitions Marital status also typically determines eligibility for spousal coverage under employer health plans.
Prenuptial Agreements
Hawaii has adopted the Uniform Premarital Agreement Act in Chapter 572D. A prenup lets a couple set their own rules for property division and financial responsibilities in the event of divorce or death.11Justia. Hawaii Code 572D – Uniform Premarital Agreement Act
To be enforceable, the agreement must be in writing and signed by both parties. A court will refuse to enforce it if the challenger shows either that they did not sign voluntarily, or that the agreement was unconscionable when signed and they were not given fair disclosure of the other party’s finances. Someone who voluntarily waived disclosure in writing, or who already had adequate knowledge of the other’s assets, cannot later use the lack-of-disclosure argument.12Justia. Hawaii Code 572D-6 – Enforcement
One limit catches people off guard. Even if a valid prenup waives spousal support, a court can override that waiver if enforcing it would leave one spouse eligible for public assistance at the time of divorce.12Justia. Hawaii Code 572D-6 – Enforcement Postnuptial agreements, signed after the wedding, are also recognized, though they fall outside Chapter 572D and courts evaluate them under the same general principles of voluntariness and fairness.
Ending a Marriage
Annulment
An annulment treats the marriage as if it never legally existed. Hawaii family courts can grant one only for specific defects that existed at the time of the marriage: one or both parties were underage, one party lacked the mental capacity to consent, or consent was obtained by force, fraud, or duress and the couple has not continued living together after the truth came out.13Justia. Hawaii Code 580-21 – Grounds for Annulment The grounds are narrow, which is why most marriages that end do so through divorce.
Divorce
Hawaii is a no-fault divorce state. Either spouse can file by stating that the marriage is irretrievably broken, with no need to prove wrongdoing.14Hawaii State Judiciary. Facts About Getting a Divorce in Hawaii
Before filing, at least one spouse must have lived in Hawaii continuously for six months, and that same spouse must have been present in the judicial circuit where the case is filed for at least three months.14Hawaii State Judiciary. Facts About Getting a Divorce in Hawaii There is no mandatory cooling-off period between filing and finalization. Filing costs $215 for a divorce with no minor children and $265 when minor children are involved, which includes a $50 parent education surcharge.15Hawaii State Judiciary. Court Filing Fees
Uncontested divorces, where both spouses agree on property, support, and custody, can move quickly. Contested cases take longer and often require hearings. Because Hawaii uses equitable distribution, the court has broad discretion to divide marital property in a way it considers fair rather than automatically even.
After the Ceremony
The officiant files the completed license with the state. Once it is processed, you can order a certified marriage certificate from the Hawaii Department of Health. The first copy costs $10, additional copies of the same certificate ordered at the same time are $4 each, and there is a $2.50 administration fee per order of up to five copies.16Hawaii Department of Health. Birth and Marriage Certificates Order several. You will need them for name changes, insurance updates, and bank accounts.
If you plan to change your name, start with Social Security. Request a replacement card from the Social Security Administration online or at a local office; the new card usually arrives within 5 to 10 business days.17Social Security Administration. Change Name with Social Security After that, update your driver’s license, passport, bank accounts, and other records. Doing Social Security first matters because many other agencies verify your name against SSA records.