Getting Married in Hawaii: Legal Guide for Couples
Getting married in Hawaii requires obtaining a marriage license from the Hawaii Department of Health, which costs $65 and is valid for 30 days. Both parties must appear together before a licensed marriage performer, with no blood tests or waiting periods required, though you'll need proper identification and, if applicable, divorce or death certificates from previous marriages.
Hawaii's marriage license requirements apply equally to residents and non-residents, making it a popular destination wedding location. However, couples should secure their license before their ceremony date and verify that their chosen officiant is registered with the state to ensure their marriage is legally recognized.
Key Considerations
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Relevant Documents
Beneficiary Designation Forms
Documents that specify who receives assets from retirement accounts, life insurance policies, and other financial accounts upon your death.
Durable Power of Attorney
Authorizes someone to make financial and legal decisions on your behalf if you become incapacitated, ensuring your affairs can be managed without court intervention.
Healthcare Power of Attorney
Designates someone to make medical decisions for you if you're unable to do so, ensuring your healthcare preferences are respected.
Prenuptial Agreement
A contract entered into before marriage that establishes rights to property and financial support in case of divorce or death. This document can protect pre-marital assets and outline financial responsibilities during marriage.
Updated Will
A legal document that specifies how your assets should be distributed after death. Marriage typically invalidates previous wills in many jurisdictions, making it important to create a new one that includes your spouse.
Relevant Laws
Hawaii Marriage License Requirements
In Hawaii, both parties must appear together before a marriage license agent to apply for a marriage license. The license costs $65 (payable in cash) and is valid for 30 days after issuance. No blood tests or waiting periods are required. Both applicants must be at least 18 years old, or have parental/legal guardian consent if between 16-17 years old (those under 16 cannot marry in Hawaii).
Hawaii Revised Statutes §572-1 - Requisites of Valid Marriage Contract
This statute defines the legal requirements for a valid marriage in Hawaii. It specifies that marriage is between two individuals without regard to gender, and both parties must consent to the marriage. This law is relevant as it establishes the fundamental legal basis for marriage in Hawaii since the state legalized same-sex marriage in 2013.
Hawaii Revised Statutes §572-5 - Marriage Ceremony Requirements
After obtaining a marriage license, the marriage must be performed by a licensed officiant (such as a minister, priest, judge, or person licensed by the state) within 30 days of license issuance. The ceremony must include the couple's declaration to take each other as husband and wife, or as spouses, and be witnessed by at least two persons over the age of 18.
Hawaii Revised Statutes §572-13 - Record of Solemnization
The officiant who performs the marriage ceremony must complete and sign the marriage certificate and return it to the Department of Health within three business days after the ceremony. This ensures the marriage is officially recorded with the state, which is crucial for legal recognition of the marriage.
Hawaii Revised Statutes §572B - Reciprocal Beneficiaries
Hawaii recognizes reciprocal beneficiary relationships, which provide certain rights to couples who cannot legally marry. While this may not directly apply to those getting married, it's important to understand the full spectrum of relationship recognition in Hawaii, especially for those who may have previously registered as reciprocal beneficiaries.
Regional Variances
Hawaii County
In Hawaii County, marriage licenses can be obtained from any authorized marriage license agent. The county has several agents across the island for convenience. There is a $65 fee for a marriage license, which is valid for 30 days from issuance. Both parties must appear together before the agent, and if either party was previously married, proof of divorce or death certificate may be required.
City and County of Honolulu
In Honolulu, marriage licenses are primarily issued through the Department of Health's office. The process is similar to other counties, requiring both parties to appear in person with valid ID. Honolulu offers more options for ceremony locations, including popular beaches like Waikiki and Ala Moana, but some locations may require special permits from the Department of Parks and Recreation if the wedding party exceeds a certain size.
Maui County
Maui County covers three islands: Maui, Molokai, and Lanai. Marriage license agents are available on all three islands. For ceremonies on public beaches in Maui County, a permit may be required if the wedding party is large or if you plan to set up chairs, arches, or other structures. The county is particularly strict about beach wedding setups to protect the natural environment.
Kauai County
On Kauai, marriage licenses can be obtained from agents in Lihue and other locations. Kauai has specific regulations regarding beach weddings, particularly at popular locations like Hanalei Bay and Poipu Beach. Some beaches may have time restrictions for ceremonies, and commercial photography permits may be required separately from the marriage license.
Statewide Considerations
Throughout Hawaii, marriage licenses are valid for 30 days from issuance and can be used anywhere in the state, regardless of which county issued it. There is no waiting period after receiving the license, and ceremonies can be performed immediately. Hawaii recognizes same-sex marriages statewide. Blood tests are not required in any county. For non-residents, no residency requirement exists, making Hawaii a popular destination wedding location. However, all marriages must be performed by a licensed officiant registered with the state.
Suggested Compliance Checklist
Apply for a Marriage License
30-45 days before wedding days after startingIn Hawaii, both parties must appear together before a marriage license agent to apply for a marriage license. You'll need to bring valid ID (driver's license, state ID, passport, etc.), proof of age, and pay the license fee (approximately $65). If either party was previously married, proof of divorce or death certificate may be required. The license is valid for 30 days from issuance.
Consider a Prenuptial Agreement
60-90 days before wedding days after startingWhile optional, a prenuptial agreement can protect pre-marital assets and establish financial arrangements in case of divorce. In Hawaii, prenups must be in writing, signed by both parties, and executed voluntarily with full financial disclosure. Consider consulting with separate attorneys to ensure the agreement is fair and enforceable under Hawaii law.
Decide on Name Change
Within 90 days after wedding days after startingIf either spouse wishes to change their name after marriage, you'll need to complete the appropriate forms. In Hawaii, you can use your marriage certificate to change your name with Social Security, DMV, passport office, and other institutions. Some may require a formal name change application.
Update or Create a Will
Within 60 days after wedding days after startingMarriage is a significant life event that necessitates updating your estate plan. In Hawaii, if you die without a will (intestate), your spouse may not automatically inherit all your assets. Create or update your will to ensure your assets are distributed according to your wishes and to name guardians for any minor children.
Create Healthcare Power of Attorney
Within 60 days after wedding days after startingThis document allows your spouse (or another designated person) to make medical decisions on your behalf if you become incapacitated. In Hawaii, this is sometimes called an 'Advance Health Care Directive.' Both spouses should complete separate documents, as marriage alone doesn't automatically grant this authority.
Establish Durable Power of Attorney
Within 60 days after wedding days after startingThis document authorizes your spouse (or another designated person) to handle financial and legal matters if you become incapacitated. In Hawaii, a durable power of attorney remains effective even if you become incapacitated. Both spouses should create separate documents to protect each other's interests.
Update Beneficiary Designations
Within 30 days after wedding days after startingReview and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. Marriage doesn't automatically change these designations in Hawaii, so you must update them manually if you want your spouse to be the beneficiary.
Consider Joint Banking Arrangements
Within 30 days after wedding days after startingDecide whether to maintain separate accounts or establish joint accounts. In Hawaii, joint accounts provide both spouses with equal access and ownership of the funds. Consider the implications for daily finances, emergencies, and estate planning when making this decision.
Update Health Insurance Coverage
Within 30 days after wedding days after startingMarriage is a qualifying life event that allows you to add your spouse to your health insurance or vice versa. In Hawaii, you typically have 30 days from your wedding date to make these changes. Compare both spouses' plans to determine the most cost-effective and comprehensive coverage.
Research Hawaii's Property Laws
Within 90 days after wedding days after startingHawaii follows the Uniform Marital Property Act, which means property acquired during marriage is generally considered marital property, while property owned before marriage remains separate. Understanding these laws is important for financial planning and potential future property division.
Update Tax Filing Status
Before next tax filing deadline days after startingMarriage affects your tax filing status. In Hawaii, as in federal tax law, married couples can file jointly or separately. Research which option is most beneficial for your specific financial situation. This may require consulting with a tax professional.
Notify Relevant Institutions of Marriage and Name Changes
Within 90 days after wedding days after startingUpdate your information with employers, financial institutions, government agencies, and other organizations. This includes Social Security Administration, DMV, passport office, insurance providers, creditors, and utility companies. Bring your marriage certificate as proof of the name change.
Task | Description | Document | Days after starting |
---|---|---|---|
Apply for a Marriage License | In Hawaii, both parties must appear together before a marriage license agent to apply for a marriage license. You'll need to bring valid ID (driver's license, state ID, passport, etc.), proof of age, and pay the license fee (approximately $65). If either party was previously married, proof of divorce or death certificate may be required. The license is valid for 30 days from issuance. | Marriage License Application | 30-45 days before wedding |
Consider a Prenuptial Agreement | While optional, a prenuptial agreement can protect pre-marital assets and establish financial arrangements in case of divorce. In Hawaii, prenups must be in writing, signed by both parties, and executed voluntarily with full financial disclosure. Consider consulting with separate attorneys to ensure the agreement is fair and enforceable under Hawaii law. | Prenuptial Agreement | 60-90 days before wedding |
Decide on Name Change | If either spouse wishes to change their name after marriage, you'll need to complete the appropriate forms. In Hawaii, you can use your marriage certificate to change your name with Social Security, DMV, passport office, and other institutions. Some may require a formal name change application. | Name Change Application | Within 90 days after wedding |
Update or Create a Will | Marriage is a significant life event that necessitates updating your estate plan. In Hawaii, if you die without a will (intestate), your spouse may not automatically inherit all your assets. Create or update your will to ensure your assets are distributed according to your wishes and to name guardians for any minor children. | Updated Will | Within 60 days after wedding |
Create Healthcare Power of Attorney | This document allows your spouse (or another designated person) to make medical decisions on your behalf if you become incapacitated. In Hawaii, this is sometimes called an 'Advance Health Care Directive.' Both spouses should complete separate documents, as marriage alone doesn't automatically grant this authority. | Healthcare Power of Attorney | Within 60 days after wedding |
Establish Durable Power of Attorney | This document authorizes your spouse (or another designated person) to handle financial and legal matters if you become incapacitated. In Hawaii, a durable power of attorney remains effective even if you become incapacitated. Both spouses should create separate documents to protect each other's interests. | Durable Power of Attorney | Within 60 days after wedding |
Update Beneficiary Designations | Review and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. Marriage doesn't automatically change these designations in Hawaii, so you must update them manually if you want your spouse to be the beneficiary. | Beneficiary Designation Forms | Within 30 days after wedding |
Consider Joint Banking Arrangements | Decide whether to maintain separate accounts or establish joint accounts. In Hawaii, joint accounts provide both spouses with equal access and ownership of the funds. Consider the implications for daily finances, emergencies, and estate planning when making this decision. | Joint Bank Account Application | Within 30 days after wedding |
Update Health Insurance Coverage | Marriage is a qualifying life event that allows you to add your spouse to your health insurance or vice versa. In Hawaii, you typically have 30 days from your wedding date to make these changes. Compare both spouses' plans to determine the most cost-effective and comprehensive coverage. | Health Insurance Coverage Change Form | Within 30 days after wedding |
Research Hawaii's Property Laws | Hawaii follows the Uniform Marital Property Act, which means property acquired during marriage is generally considered marital property, while property owned before marriage remains separate. Understanding these laws is important for financial planning and potential future property division. | - | Within 90 days after wedding |
Update Tax Filing Status | Marriage affects your tax filing status. In Hawaii, as in federal tax law, married couples can file jointly or separately. Research which option is most beneficial for your specific financial situation. This may require consulting with a tax professional. | - | Before next tax filing deadline |
Notify Relevant Institutions of Marriage and Name Changes | Update your information with employers, financial institutions, government agencies, and other organizations. This includes Social Security Administration, DMV, passport office, insurance providers, creditors, and utility companies. Bring your marriage certificate as proof of the name change. | - | Within 90 days after wedding |
Frequently Asked Questions
To get married in Hawaii, both parties must be at least 18 years old (or have parental consent if 16-17), not be currently married to anyone else, and not be closely related. You'll need valid ID (such as a driver's license or passport), and you must obtain a marriage license from a state-authorized marriage license agent. The license costs $65, is valid for 30 days from issuance, and there is no waiting period. You don't need to be a Hawaii resident to get married in the state.
You can apply for a marriage license online through Hawaii's Department of Health website (https://marriage.ehawaii.gov). Both parties must complete the application together. After applying online, you must appear in person together before a marriage license agent to finalize the process, present valid ID, and pay the $65 fee. The license is issued immediately and is valid for 30 days.
Hawaii does not require witnesses for your wedding ceremony. Only you, your partner, and an authorized marriage performer (officiant) need to be present for the marriage to be legally valid. However, if you choose to have witnesses as part of your ceremony for personal reasons, you certainly may.
In Hawaii, marriages can be performed by licensed ministers, priests, or other clergy members, judges, magistrates, or any person with a valid Hawaii civil union or marriage performer license. If you want a friend or family member to officiate, they can apply for a temporary performer license through the Department of Health, which costs $10 and is valid for up to 90 days.
No, there is no waiting period in Hawaii. Once you receive your marriage license, you can get married immediately. However, the license is only valid for 30 days from the date of issuance, so you must have your ceremony within that timeframe or you'll need to apply for a new license.
No, you do not need to be a resident of Hawaii to get married in the state. Hawaii welcomes non-residents to marry there, which is one reason it's such a popular destination wedding location. The same requirements and procedures apply to both residents and non-residents.
When applying for a marriage license in Hawaii, both parties need to bring valid government-issued photo ID (such as a driver's license or passport). If either party has been divorced, you should know the date when the divorce was finalized, but you don't need to bring divorce papers. If either party is under 18 (but at least 16), you'll need written consent from both parents or legal guardians, and the minor must be accompanied by at least one parent or guardian when applying.
The marriage license fee in Hawaii is $65, which includes the license and the filing of your marriage certificate after the ceremony. If you want certified copies of your marriage certificate (recommended for name changes and other legal purposes), those cost $10 each. If you're having a ceremony with an officiant, their fees vary widely from about $100 to several hundred dollars depending on the type of ceremony and location.
After your ceremony, the officiant must complete and sign the marriage license and return it to the Department of Health within three business days. The state will then process your marriage certificate. You can order certified copies online through the Hawaii Department of Health website for $10 each. Processing typically takes 4-6 weeks after your ceremony date.
Yes, Hawaii legally recognizes same-sex marriages. Same-sex couples have the same rights, responsibilities, and process for getting married as opposite-sex couples. Hawaii began legally recognizing same-sex marriages on December 2, 2013, and continues to do so following the 2015 U.S. Supreme Court decision that legalized same-sex marriage nationwide.