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Prenuptial & Postnuptial Agreements

Knowledgeable Attorneys Draft Prenuptial & Postnuptial Agreements in Tampa, Florida

Personalized Service to Protect Your Property in the Event of Divorce

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.

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

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.

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.

Contact Our Tampa Family Law Firm for Personalized Attention to Your Prenup

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.

Our Settlements & Verdicts

Sessums Law Group, P.A. Attorneys Take Pride in Delivering Exceptional Results for Our Valued Clients

Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.

  • $6,000,000.00 Recovery Fraud Civil Action

    Sessums Law Group, P.A. successfully recovered $6,000,000.00 for a client in a fraud civil action.  Prior to the client’s divorce, the client negotiated and executed an agreement with his wife’s boyfriend that sought that the boyfriend would have no contact with the client’s wife.

  • $2,740,000.00 Wrongful Death Hit/Run of Motorcyclist

    Representation of the plaintiff hit from behind on his motorcycle by a driver who was allegedly drunk at the time of the accident.  Sued the defendant; the bar that the defendant had been drinking and the defendant’s employer.

  • $1,929,000.00 Verdict Real Estate Deficiency

    Representation of estate in real estate deficiency claim resulting in joint and several liability verdict against various doctors and chiropractors.

  • $1,000,000.00 Settlement Collision

    Representation of estate in an automobile and tractor trailer collision that resulted in multiple deaths.

  • Confidential Settlement Amount Medical Malpractice

    Client was burned with a hot pack after delivering her son via Cesarean section.

  • Confidential Settlement Amount Nursing Home Negligence

    Representation of the Personal Representative of the Estate of the patient who died due to negligent care while in the care of the nursing home.

  • Confidential Settlement Amount Trolley Accident

    Representation of passengers who were enjoying a sight- seeing tour aboard a trolley when the trolley was hit by a bus. The passengers suffered soft tissue injuries.

  • Confidential Settlement Amount Hit & Run

    Sessums Law Group was recently successful in settling a case for a hard working Polk County man whose hit and run accident resulted in a need for a knee replacement.  The defendant argued that our client had caused the accident.  We were able to prove through expert accident reconstruction testimony that the accident happened as our client testified despite the minimal damage involved.

  • Confidential Settlement Stolen Property

    Client’s vehicle was burglarized and her engagement and wedding rings stolen. The perpetrator pawned the stolen items to a local pawn shop. The pawn shop ignored the hold order from the police department and sold the engagement and wedding rings. After suit filed for the Plaintiff, a confidential settlement was reached with the pawn shop for the value to our client of her stolen rings.

Florida Attorneys with Proven Expertise, Devoted to Exceptional Service

"Our firm believes in the integrity of the needs of the each client we represent. We are passionate about obtaining the maximum results allowable under the law for each client."

- Mark A. Sessums