Weddings are a huge undertaking. They can take months of planning, discussions, and negotiations between you, your future spouse, and your families. But when the big day comes, hopefully, the hard work will pay off and you’ll remember and cherish that day for the rest of your life.
But don’t get lost in the weeds. What’s most important is not the wedding, but the marriage. The marriage is meant to last a lifetime, not just one day. And to ensure a resilient union, it is important to discuss some important topics before the wedding, so you and your spouse thoroughly understand each other’s expectations.
PMK associate and family law attorney Seth Harris provided some advice on what to talk about before you enter matrimony.
- The wedding – A wedding can be a major negotiation between two sometimes very different families. In a sense, it’s your first test as a couple for how you handle conflict and compromise. If you can’t agree on the wedding plans – such as how many people to invite and how much to spend – you may want to reevaluate.
- Location – Do you plan on staying in Hawaii for the rest of your life? If all your immediate family, aunties, uncles, and best friends live in Hawaii, you may have already decided you’ll never leave. But what if you or your spouse gets a great job offer on the mainland? Make sure you and your spouse discuss under what circumstances either of you will relocate.
- Finances – Who manages the money? This discussion should encompass everything from day-to-day bills to which of you will prepare and file the taxes. What are your financial priorities? For example, do you both want to buy a house? Do you anticipate paying for any additional education for you and/or your spouse? How much are you willing to spend on vacations? What level of financial risk is each of you comfortable with?
- Extended family – How much time will you spend with your extended family? Which relatives will be significant parts of your lives and those of your children if you plan to have them? Are you socially obligated to travel to see some family members? Does one of you envision having dinner every Sunday with one side of the family while the other wants a quiet meal at home with just you and your spouse?
- Children – You and your future spouse may not yet have determined how many children you want to have, but you should at least agree on if you do or don’t plan to have them.
- Religion – How significant a part of your lives do you want religion to be? If you are your spouse was raised in different faiths, have you agreed on a religion for your children?
Most importantly, keep an open dialogue with your future spouse. You won’t be able to anticipate every possible situation, which is why it is so crucial that you keep the lines of communication open, both before and after marriage!
Family law attorney and PMK associate Seth Harris provides knowledgeable, compassionate counsel for all of your family law needs. Contact him at [email protected].
PMK Senior Associate Seth Harris is passionate about family law
Family law attorneys often meet people during very emotional events in their lives, such as divorces or custody disputes. Such situations require steady, compassionate guidance. The opportunity to help clients through these difficult times is exactly what attracted Seth Harris to family law.
“You don’t have to just struggle through this experience and be lost,” said Seth, who joined PMK in 2017. “I feel strongly about helping my clients get through what can be a tough process. That’s a big part of what motivates me and why I continue to do this.”
Seth received his Bachelor of Science degree from Georgetown University and his law degree from the William S. Richardson School of Law at the University of Hawaii, Manoa. He has 20 years of experience practicing law, 14 of which are in family law, and built PMK’s family law practice from the ground up.
In his free time, Seth enjoys Kendo (Japanese Fencing) and has earned a 6th degree black belt. He is married with two children, ages one and seven.
PMK, in collaboration with the Law Office of Kyle Smith, recently negotiated a highly successful class-action settlement with Stanford Carr Development, LLC on behalf of 107 single-family homeowners from the Cottages at Kehalani subdivision.
Each household will receive just over $51,000 for numerous construction defects including hurricane straps, plumbing, and windows. After four years of protracted litigation, Judge Peter T. Cahill of the Second Circuit, State of Hawaii, granted final approval of the $9.25 million settlement on December 27, 2021.
“We are very pleased that we were able to secure some relief for the homeowners of the Cottages at Kehalani who, like all homeowners, deserve to live in the quality of home they were promised,” said Kapono Kiakona, a partner at PMK Law.”
To secure this settlement, PMK and the Law Office of Kyle Smith reviewed hundreds of thousands of documents, and oversaw extensive deposition from experts and lay witnesses, all taking place amidst the numerous court closures and delays caused by the COVID-19 pandemic.
“This settlement would be a great outcome under normal circumstances, but we are particularly happy for our clients given we were able to obtain this result in the middle of the Covid-19 pandemic,” said Kyle Smith of the Law Office of Kyle Smith.
The advent of the new year is an ideal time to look ahead to issues that may impact condominium and community association law in the coming months.
PMK Partner Kapono Kiakona summarizes two topics he expects to be most relevant:
Short term rental issues
Both the Honolulu City Council and the State Legislature are considering a bill that could alter current short-term rentals. The current Honolulu ordinance, while popular in some communities, impedes owners of units in some Waikiki condominium buildings from renting to vacationers, even though those buildings previously provided short-term rentals for Oahu visitors for decades. Proposed changes to the ordinance are designed to clarify who may rent for the short term and who may not. However, many buildings are noting that the changes to the language are likely to create more problems than they solve.
The State Legislature is considering a bill that would create a private right of action for violations of any short-term rental laws. As of February 14, 2022, the proposed legislation grants a plaintiff up to $10,000 and their attorney’s fees if they are successful. Whereas defendants could seek attorneys’ fees and damages if a complaint is found to be meritless or false. The legislature claims this is to help neighbors police their communities.
Construction defects
Hawaii’s construction boom of the last five years has resulted in more frequent defects among some newer buildings. During a boom, there is an incentive to complete construction as fast as possible. This creates a greater potential for errors or workarounds. Many of these mistakes aren’t discovered until years after completion.
“All building associations of newer construction should be cognizant of these issues, and as a precaution, they should pay attention to their structures, how they are operating, how they look and investigate deficiencies in full detail,” Kapono said.
If your building is less than 10 years old, it is strongly recommended that a thorough investigation be completed before the 10-year running of the Statute of Repose.
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