Tampa Prenuptial & Postnuptial Agreements Attorneys

Experienced Prenup Lawyers Serving Hillsborough County, FL

Tampa is substantially a city of married couples and families; the 2000 U.S. Census shows that 36.4 percent of the city’s population consisted of married couples living together, and 27.6 percent of households contained children under the age of 18. Yet, Florida has the seventh highest divorce rate in the country, at around 13 percent. So, while people obviously desire marriage, divorce remains a distinct possibility, which is why a prenuptial or postnuptial agreement is worth considering. At Sessums Law Group, our skilled family law attorneys draft marital agreements in accordance with Florida law to give you added protection in the event of divorce. But far from being “divorce planning,” a well-executed marital agreement can provide financial security that adds stability to a couple’s marriage.

Whether you’re planning to marry or are already married, our Tampa prenuptial agreement lawyers at Sessums Law Group, P.A. provides compassionate and experienced legal counsel for creating tailored prenuptial and postnuptial agreements.

To speak with our experienced Tampa prenuptial agreement lawyers, give us a call at (813) 212-8330 or contact us online today. 

Why Do Couples Make Prenuptial or Postnuptial Agreements?

Marital agreements record a couple’s understanding of their rights to certain assets and responsibility for certain debt. Spouses can decide how they want separate and marital property disposed of if they dissolve their marriage. These agreements can also secure the spouse’s rights to child custody and time-sharing, or visitation. A marital agreement is an important tool for two-career couples and couples who have children from a prior marriage. If the couple divorces, a valid marital agreement can eliminate many contentious issues of divorce, saving the couple time and expense. But most importantly, the parties to the agreement, and not the court, keep control over the disposition of their assets.

The Basics of Prenuptial and Postnuptial Agreements in Florida

To be valid in a court of law, a marital agreement must conform to the Florida prenuptial agreement statute, § 61.079 of the 2016 Florida Statutes. The major requirements of the law are as follows:

• Both parties executed the agreement voluntarily — A basic element of every enforceable contract is that a party must want to be bound by the agreement.
• There was no fraud, duress, coercion or overreaching in its execution — One party cannot fool another into signing or get the person to sign through physical force, emotional blackmail, or threats of violence.
• The agreement was not “unconscionable” when it was executed — The law invalidates an agreement that is so outrageously one-sided that its terms “shock the conscience” of the court, only if at the time of execution these three points were satisfied: first, the advantaged party did not make a full, reasonable disclosure of personal finances to the disadvantaged party; second, the disadvantaged party did not expressly waive, in writing, any rights to further disclosure of finances; and third, the disadvantaged party did not have actual or constructive knowledge of the other’s finances.

Basically, a prenup will be valid if:

• Each spouse has independent legal representation.
• Each spouse makes a fully transparent financial disclosure to the other.
• Negotiation and execution takes place well in advance of the wedding.

There are some additional considerations. A court may invalidate a provision in a marital agreement that eliminates spousal support if the dependent spouse would wind up on public assistance. Parents cannot eliminate child support as part of a marital agreement, because support is a right of the child, not the parent.

Prenup vs. Postnup: Understanding the Differences

Prenuptial and postnuptial agreements serve similar purposes but are created at different stages of a marriage. Both agreements help couples establish financial clarity and protect their interests, but the timing and circumstances surrounding each differ. Here's a breakdown of the key differences between a prenuptial and a postnuptial agreement:

1. Timing

• Prenuptial Agreement (Prenup): A prenuptial agreement is created before the couple gets married. It is signed prior to the wedding ceremony and outlines the financial arrangements in the event of divorce, separation, or death.
• Postnuptial Agreement (Postnup): A postnuptial agreement is created after the couple is already married. It can be used to address financial matters or changes in circumstances that arise during the marriage.

2. Purpose

• Prenuptial Agreement: Primarily used to protect assets brought into the marriage and establish financial rights before entering into a legal commitment. Prenups can also be used to clarify debt responsibility and inheritance plans.
• Postnuptial Agreement: Often used when new financial circumstances arise during the marriage, such as a major inheritance, starting a business, or a change in the financial situation. It can also be used if a couple wishes to address unresolved issues in their relationship or financial management.

3. Flexibility

• Prenuptial Agreement: Typically created when both parties are in an ideal situation to discuss finances, often before any conflicts or significant changes occur. Prenups can cover a wide range of issues, including division of property, debt, and spousal support.
• Postnuptial Agreement: Can be used to revise or update a previous prenuptial agreement or introduce new terms based on evolving circumstances. It may also address issues that were not initially considered or foreseen during the marriage.

4. When to Consider Each Agreement

• Prenuptial Agreement:
  • You or your spouse have significant assets, business interests, or property.
  • One or both of you have children from a previous relationship.
  • You want to protect inheritance rights or define financial responsibilities before marriage.
  • You’re marrying later in life with established financial holdings.
• Postnuptial Agreement:
  • Your financial situation changes significantly during the marriage (e.g., starting a business, inheriting assets, accumulating debt).
  • You want to redefine terms in an existing prenuptial agreement.
  • There’s a desire to clarify financial responsibilities or resolve disputes that arose after marriage.

5. Legal Considerations

• Prenuptial Agreement: Must be signed before the marriage and requires full disclosure of financial assets and liabilities from both parties. It should be fair and not one-sided to be enforceable.
• Postnuptial Agreement: While the agreement is signed after the marriage, the same requirements apply, including full disclosure of assets, fairness, and mutual consent. However, postnuptial agreements may be more susceptible to challenges since they are entered into after the emotional commitment of marriage.

6. Emotional Considerations

• Prenuptial Agreement: Signing a prenup before marriage can be a sensitive issue for some couples, as it can bring up concerns about trust or the expectation of divorce. However, it can also provide clarity and set expectations early on, making it easier to navigate financial decisions throughout the marriage.
• Postnuptial Agreement: Creating a postnup after marriage may arise due to financial changes or marital issues. While it can be a constructive way to address new concerns, it may sometimes carry more emotional weight, as it could reflect unresolved marital issues or tensions.

Which Agreement is Right for You?

Choosing between a prenuptial and postnuptial agreement depends on your unique circumstances and goals as a couple. If you're considering one of these agreements, it’s essential to work with an experienced Tampa prenuptial agreement attorney to guide you through the process and ensure that the agreement meets all legal requirements and aligns with your intentions.

Sessums Law Group, P.A. is here to help you understand your options and create an agreement that suits your needs. Whether you're considering a prenup before marriage or a postnup to address new developments during your marriage, our experienced attorneys can help you navigate the process with clarity and confidence.

How Much Does It Cost to Get a Prenuptial or Postnuptial Agreement?

It’s impossible to make a flat statement about how much a marital agreement might cost. Straightforward prenups can be remarkably affordable, but prolonged negotiations over complex assets can raise the cost. In a preliminary consultation with our family law attorneys, we can provide you with an estimate of the costs.

Understanding the Benefits of Postnuptial Agreements

While many couples are familiar with prenuptial agreements, postnuptial agreements offer unique benefits that can provide peace of mind as your marriage evolves. A postnuptial agreement is a legal document created after marriage that outlines the distribution of assets and responsibilities in the event of a divorce or separation. This can be especially valuable for couples who have experienced significant life changes, such as the birth of a child, career advancements, or changes in financial status.

Here are some compelling reasons to consider a postnuptial agreement:

• Clarifies Financial Responsibilities: A postnuptial agreement can help define financial roles within the marriage, reducing misunderstandings and potential conflicts.
• Protects Family Assets: If one partner has significant pre-marital assets or family inheritance, a postnuptial agreement can ensure those assets are safeguarded.
• Facilitates Open Communication: Discussing a postnuptial agreement encourages couples to talk about finances and future plans, fostering a stronger partnership.
• Provides Peace of Mind: Knowing that there is a clear plan in place can alleviate anxiety about the future, allowing couples to focus on their relationship.
• Adapts to Life Changes: As life circumstances change, a postnuptial agreement can be updated to reflect new realities, ensuring ongoing protection for both partners.

At Sessums Law Group, P.A., our experienced attorneys are here to guide you through the process of creating a postnuptial agreement tailored to your unique situation. Let us help you secure your future together.

Why Choose Sessums Law Group, P.A.?

At Sessums Law Group, P.A., Our Tampa prenuptial agreement lawyers are committed to helping Tampa residents and couples throughout Florida navigate the sensitive process of creating prenuptial and postnuptial agreements. We prioritize fairness, clarity, and your long-term well-being. Our experienced prenup attorneys provide guidance at every step, from drafting initial terms to finalizing the agreement, ensuring your rights are protected.

Whether you’re engaged or already married, a prenuptial or postnuptial agreement can provide peace of mind and financial security. Contact Sessums Law Group, P.A. today to schedule a consultation with one of our skilled attorneys.

Our Tampa Postnuptial Agreement Lawyers Can Help

For personalized attention to your marital agreement, trust a Florida Bar board-certified attorney at the Sessums Law Group. We are committed to providing excellent representation for family law matters in Tampa and the greater Bay area.

Please call (813) 212-8330 or contact us online to schedule an appointment at our Tampa office. We also have offices in Lakeland, Sebring and Sarasota.

Related Readings:

• 5 Reasons to Consider a Prenuptial Agreement
• What Your Lawyer Wants You to Know About Prenup Agreements
• Is Prenuptial Agreement Really Important?
• Prenuptial Agreements in Florida