Are Hawaii Marriage Records Public?
No. The question of whether marriage records are public in Hawaii is answered by Section 338-18 of the state's statutes. Under this law, all Hawaii vital records are confidential but become public records after 75 years. Thus, marriage records are only available to the public 75 years from their filing dates.
Only select individuals can access confidential Hawaii marriage records. For example, the named spouses, their parents, descendants, or other close relatives. Other parties that can obtain confidential marriage records in Hawaii include the attorneys of the eligible parties and third parties with a valid court order permitting access. The law does not impose any eligibility requirement to access Hawaii public marriage records.
Family Court records can include marriage and dissolution of marriage records. These records contain personal records and information of those involved, and their maintenance is critical should anyone wish to make changes. Because of this, both marriage and divorce records can be considered more difficult to locate and obtain than other public records and may not be available through government sources or third-party public record websites.
How to Find Hawaii Marriage Records
Hawaii marriage records are documents issued by the Hawaii government to approve and validate marriages contracted in the state. These records are created after two people request a marriage license and perform their wedding ceremony in Hawaii within the 30-day time limit. According to the Hawaii Marriage Equality Act of 2013, same-sex marriages are also legal in Hawaii.
Hawaii law considers vital records, including marriage records, birth certificates, and dissolution of marriage records, to be closed until after seven decades. In other words, there are no Hawaii public marriage records maintained within that time frame. The Hawaii Department of Health administers and provides copies of a marriage record in the state.
How to Find Out if Someone is Married in Hawaii
To find out if someone is married in Hawaii, interested persons should contact the state Department of Health. Hawaii operates a unified vital records request system, where instead of vital records being preserved at the county level by clerk offices (as seen in many U.S. states), all Hawaii vital records are maintained by the state's Department of Health. Accordingly, all requests to find a marriage record in Hawaii should be made to this office. To process a marriage record search, the requesting party will be required to provide the subject's full name, the license issuance and marriage dates, and related marriage record information.
How to Check Marriage Status Online
Individuals wondering how to check marriage status online in Hawaii should note that the Department of Health does not offer a searchable database or index where residents can check a person's marriage status online. Instead, individuals must contact the state vital statistics office and ask the office to carry out a search for them. This requires the inquirer to order a marriage certificate or letter of verification, which costs a fee that they can pay via cash or money order to the record custodian.
How to Check Marriage Records for Free
Ideally, one can contact the Hawaii Department of Health to find out how to check marriage records for free. However, per the law, each marriage record inquiry submitted to the Hawaii Department of Health costs a requester a small sum. The office does not process requests to inspect marriage records for free, nor does it accept applications for certified copies without payment.
What is Considered a Marriage Record in Hawaii?
A Hawaii marriage record contains state-issued documentation showing that a marriage is recognized in Hawaii. It allows the married couple to access the various benefits of marriage in the state. The two types of Hawaii marriage records are marriage licenses and marriage certificates.
Both government websites and organizations may offer divorce and marriage records. Similarly, third-party public record websites can also provide these types of records. But because third-party organizations are not operated or sponsored by the government, record availability may vary. Further, marriage and divorce records are considered highly private and are often sealed, meaning the availability of these types of records cannot be guaranteed.
What is Considered a Marriage License in Hawaii?
A Hawaii marriage license is a document that permits two people to marry in the state. In accordance with the provisions of Section 572-1.7 of the Hawaii Revised Statutes, to legally get married in Hawaii, a marriage license must first be obtained from an authorized agent.
A marriage license is different from a marriage certificate because it precedes solemnization. A marriage license allows a marriage to be held, while a marriage certificate shows that there was a legal marriage.
Parties interested in getting married can approach the Hawaii Health Department for marriage licenses. Intending couples seeking marriage licenses do not need to show that they are state residents. A marriage license is valid for 30 days after it has been issued.
How to Change Your Name After Marriage in Hawaii
Anyone married can apply for a name change after marriage in Hawaii. To legalize a name change after marriage, couples must update their social security record by completing an application form and submitting it to any Social Security Administration (SSA) office. They must also attach a proof of identification document and a copy of their marriage license when submitting the form. In addition, the couple will receive a new card bearing the new name. Parties must then change the name on their driver's license and state-issued ID. Applicants will need to provide proof of identification, including a marriage certificate or their new social security card. The cost of obtaining a new driver's license differs in each county.
How to Get a Marriage License in Hawaii
A request for a marriage license in Hawaii can only be submitted online or in person. To apply for an electronic marriage license online, interested parties who meet Hawaii's eligibility requirements may fill the online form. The cost of obtaining a marriage license is $60 plus a $5 administrative fee. The total fee is payable with a credit card.
To submit a Hawaii marriage license application in person, start by completing the marriage license application form in the presence of a marriage license agent. Both applicants must be physically present before the marriage license agent.
When applying for a Hawaii marriage license in person, individuals must visit the Honolulu Office of the state’s Vital Records at:
Health State Department of Health – Kinau Hale
1250 Punchbowl Street, Room 101
Honolulu, HI 96813
Phone: (808) 586-4544
Email: doh.marriage@doh.hawaii.gov
What is Considered a Marriage Certificate in Hawaii?
A Hawaii marriage certificate is an official document declaring that two people are legally married in the state. It differs from a marriage license because it is given after the marriage ceremony. It provides specific information about marriage, such as the names of the married individuals, their birth date (where relevant), and the date and place of the ceremony.
Married couples may need these certificates for various reasons, especially to effect name changes on official documents, including those required for insurance and Social Security.
How Do I Obtain a Copy of My Marriage Certificate in Hawaii?
The Vital Statistics Section of the Hawaiian State Department of Health Office is in charge of marriage records in Hawaii. Individuals who wish to know how to find a marriage certificate in Hawaii must contact the office or read the guidelines published on its website.
The application process for a Hawaii marriage certificate begins with the submission of a written request. Requests for marriage certificates can be submitted to the Department of Health online, via mail, and in person. The first copy of a certified copy of marriage certificate costs $10 and any additional copy requested costs $4. There is also an administration fee of $2.50 per certificate for orders including up to 5 copies, and for each five-copy increment thereafter.
To order copies of a Hawaii marriage certificate online, start by completing the online order form provided on the Department of Health’s Vital Records Ordering and Tracking site. The requester can pick up the online order at the Hawaii Department of Health (1250 Punchbowl Street in Honolulu) or choose to receive it by mail. A valid government-issued photo ID, proof of relationship with the person(s) on the requested record(s), and evidence of payment will be required. Note that the Hawaii Department of Health, although accepting online orders for marriage certificates, does not disseminate online marriage certificates.
Interested parties can visit the Vital Records Office at 1250 Punchbowl Street, Room 103 on the 1st floor of the Hawaii Department of Health Building to request for copies of marriage certificates in person. Proof of eligibility and government-issued IDs are required to order for copies of these vital records. Payment for copy fees can be made in cash, credit/debit card, check, or money order to the Department of Health.
To apply for a marriage certificate via mail, download and complete the request for certified copy of civil union or marriage record form. Enclose a copy of government-issued photo ID and evidence of payment before mailing the request to:
State Department of Health
Office of Health Status Monitoring
Issuance/Vital Statistics Section
P.O. Box 3378
Honolulu, HI 96801
Are Prenups Public Record in Hawaii?
No. Prenups (prenuptial or premarital agreements) do not constitute public records in Hawaii. Such documents are private agreements drawn up between potential spouses or partners who want to protect their assets in case of death or the premature termination of the union. In other words, prenups outline who gets what should a marriage end or a spouse die.
The statute that authorizes the formation of prenuptial agreements is the Hawaii Uniform Premarital Agreement Act (or “HUPAA”).
