§572-22  Contracts.  A married person
may make contracts, oral and written, sealed and unsealed, with her or his
spouse, or any other person, in the same manner as if she or he were sole.



An agreement between spouses providing for
periodic payments for the support and maintenance of one spouse by the other,
or for the support, maintenance, and education of children of the parties, when
the agreement is made in contemplation of divorce or judicial separation, is
valid provided that the agreement shall be subject to approval by the court in
any subsequent proceeding for divorce or judicial separation and that future
payments under an approved agreement shall nevertheless be subject to increase,
decrease, or termination from time to time upon application and a showing of
circumstances justifying a modification thereof.



All contracts made between spouses, whenever
made, whether before or after June 6, 1987, and not otherwise invalid because
of any other law, shall be valid. [L 1888, c 11, §2; RL 1925, §2994; am L 1931,
c 146, §1; RL 1935, §4645; am L 1939, c 17, §1; RL 1945, §12366; am L 1945, c
5, §1; RL 1955, §325-2; HRS §573-2; am L 1969, c 222, §1; am L 1976, c 200, pt
of §1; ren and am L 1984, c 79, §2; am L 1987, c 194, §1]



 



Revision Note



 



  "June 6, 1987" substituted for "the effective
date of this Act".



 



Law Journals and Reviews



 



  Agreement for alimony and settling property rights in
contemplation of divorce or separation; effect thereof; enforceability by
contempt proceedings.  Haw. Supp, 4 HBJ, Feb 1967, at 18.



 



Case Notes



 



  Before June 23, 1888:  Contract of wife for personal service
voidable at instance of husband, not void.  1 H. 467.  Separated wife domiciled
in foreign country could contract with husband domiciled in Hawaii.  10 H. 138,
144, 622.



  After June 23, 1888:  Wife may be surety for husband.  20 H.
47.  Or agent for husband.  17 H. 481.  Married woman may contract for
necessaries.  19 H. 494; 20 H. 598.  And may recover on joint note of husband
and others against such others.  27 H. 369.  Suretyship.  33 H. 226.  Resulting
trusts.  34 H. 363; 40 H. 593.  Assignment of leasehold may be made by husband
to wife, being in the nature of a gift, and not a contract under this section. 
16 H. 731.  See 4 U.S.D.C. Haw. 547, 561.



  Approval of divorce judge not required for valid property
settlements not technically alimony.  41 H. 89.



 Child support agreement, modification thereof, court's
inherent power over welfare of child.  52 H. 480, 478 P.2d 852.



  Agreement for periodic payment, merely approved by court, is
not incorporated into divorce decree.  53 H. 123, 488 P.2d 537.



  An incorporation by reference of a property settlement
agreement, whether the decree specifically sets forth all the terms of the
agreement, is an actual incorporation.  1 H. App. 605, 623 P.2d 893.



  To change a marital agreement after incorporating it into a
consent decree of divorce, consent of both parties required or must move case
from uncontested to contested calendar.  3 H. App. 51, 641 P.2d 333.



  Spousal support payable for indefinite period is subject to
further court order.  6 H. App. 66, 708 P.2d 143.



  Where a conveyance to nonparties was agreed to in a valid and
enforceable divorce agreement, this section authorized and required the family
court to order the conveyance.  83 H. 412 (App.), 927 P.2d 420.



  Cases under Hawaii uniform parentage act involving written
promises for child support are not subject to the court approval specified in
this section.  87 H. 369 (App.), 956 P.2d 1301.



  Agreement in contemplation of divorce entered into eighteen
years prior to the filing for divorce was enforceable in divorce case unless
the agreement showed that it was not intended to apply to the divorce
proceedings, the parties abandoned the agreement prior to the proceedings, or
the agreement was unconscionable.  87 H. 419 (App.), 958 P.2d 541.



  Cited:  9 H. 369, 371; 23 H. 761, 764; 35 H. 382, 385.



 



Hawaii Legal Reporter Citations



 



  Antenuptial agreement reviewable by court.  Intent.  82-1 HLR
820387.