Prenuptial & Postnuptial Agreements in Tampa 

Serving St. Petersburg, Clearwater, Fish Hawk, & Beyond

Getting married is an exciting time, and while pre- or post-nuptial agreements are not the most thrilling aspect, they can none the less be a crucial step in ensuring your protection should anything happen. These written contracts are voluntary and spell out how items like assets, support, income, and liabilities are to be handled should the marriage end. At Harris, Hunt & Derr, P.A., our experienced attorneys will help you navigate the prenuptial or postnuptial agreement process, so you feel comfortable and confident moving forward.

What Does a Prenuptial Agreement Contain?

A prenuptial agreement is a contract made by an unmarried couple which governs each person’s respective rights and obligations arising out of the marriage in the event of separation or divorce. While every agreement is different—being hyper-personalized to your unique circumstances, some things that are included in this agreement include, but are not limited to:

• Estate and property division if there is a divorce
• Instructions for establishing alimony 
• Possession or division of businesses or inheritances
• Protection from your spouse’s debts
• Provisions for any children from a previous relationship

Why Might a Couple Choose to Create a Postnuptial Agreement?

Unlike prenuptial agreements, postnuptial agreements are put together after the couple is married, but similarly dictates the rights and obligations that arise upon separation or divorce. 

5 reasons a couple might sign a postnuptial agreement:

1. To clearly specify each party’s wishes regarding any property that is brought into the marriage.
2. If a spouse has extensive debt or has encountered legal trouble.
3. To ensure that certain assets are inherited by children from a previous relationship.
4. If a spouse has received an unexpected financial windfall, such as inheritance or lottery winnings.
5. If a spouse has chosen to stay home to care for children.

Peace of Mind for Your Marriage

While no one enters a marriage with the intention of separating or divorcing, it's important to consider the possibility and plan for it. A postnuptial agreement can provide peace of mind for both parties by outlining the division of assets and debts in the event of a divorce or separation. This can help prevent disagreements and conflicts in the future, allowing the couple to focus on the important aspects of their marriage.

Clarifying Financial Responsibilities

Postnuptial agreements can also be beneficial in clarifying financial responsibilities within the marriage. This includes outlining who is responsible for paying certain debts, managing joint accounts, and dividing assets in case of separation. By having a clear understanding of each other's financial responsibilities, couples can avoid misunderstandings and conflicts that may arise in the future.

Protecting Family Assets

Postnuptial agreements can also be used to protect family assets, such as an inheritance or business, in case of a divorce or separation. By outlining how these assets will be divided, couples can ensure that their family assets remain within the family and are not subject to division in a divorce settlement.

At Harris, Hunt & Derr, P.A., our experienced family law attorneys are committed to helping our clients achieve the best possible outcome for their postnuptial agreements. Contact us today to schedule a consultation and learn more about how we can help you protect your marriage and assets.

Why Hire a Prenuptial & Postnuptial Agreements Attorney

Hiring an attorney for prenuptial and postnuptial agreements offers numerous benefits, ensuring that these critical documents are properly drafted, legally sound, and tailored to the specific needs and circumstances of the couple. Here are several reasons why engaging an attorney for these agreements is essential:

• Legal Expertise: An attorney specializing in prenuptial and postnuptial agreements has a deep understanding of family law and the specific statutes that govern these contracts. They can ensure that the agreement complies with state laws, making it more likely to be upheld in court.
• Customized Agreements: Every couple’s situation is unique. An attorney can tailor the agreement to address specific concerns and circumstances, such as asset protection, business interests, spousal support, inheritance rights, and debt allocation, ensuring that both parties’ needs are met.
• Clear and Enforceable Language: Legal jargon can be confusing, and poorly worded agreements may be challenged or deemed unenforceable. An attorney can draft the agreement in clear, precise language that accurately reflects the couple’s intentions and is legally binding.
• Fairness and Full Disclosure: For a prenuptial or postnuptial agreement to be enforceable, there must be full financial disclosure from both parties, and the terms must be fair. An attorney can facilitate the disclosure process, ensuring that all assets, debts, and financial interests are transparently shared and that the agreement is equitable.
• Conflict Resolution: Negotiating the terms of a prenuptial or postnuptial agreement can be sensitive and potentially contentious. An attorney can serve as a neutral third party, helping to mediate and resolve disagreements, ensuring that the negotiation process is smooth and amicable.
• Future Planning: Prenuptial and postnuptial agreements can address not only current assets and financial matters but also future scenarios, such as the birth of children, career changes, or significant financial changes. An attorney can help anticipate and plan for these possibilities, providing a comprehensive and forward-looking agreement.
• Protection in Case of Divorce or Death: These agreements can provide clarity and protection in the event of divorce or the death of a spouse. An attorney can help outline terms for property division, spousal support, and inheritance, reducing the potential for disputes and litigation during emotionally challenging times.
• Avoiding Litigation: By clearly defining the terms of financial arrangements and responsibilities, prenuptial and postnuptial agreements can minimize the risk of costly and protracted legal battles in the future. An attorney ensures that the agreement is robust, reducing the likelihood of challenges in court.
• Objective Advice: An attorney provides objective, professional advice, helping clients understand the legal implications of their decisions and ensuring that they are making informed choices. This can be particularly valuable in emotionally charged situations where impartiality is essential.
• Updating Agreements: As life circumstances change, prenuptial and postnuptial agreements may need to be updated. An attorney can assist with modifying these agreements to reflect new conditions, ensuring that they remain relevant and enforceable.

Overall, hiring a prenuptial and postnuptial agreements attorney provides peace of mind, ensuring that the agreements are legally sound, fair, and tailored to the couple’s unique needs. This professional guidance helps protect the interests of both parties, fostering a sense of security and clarity in the relationship.

Experienced Attorneys Committed to Our Clients

With offices in both Tampa and St. Petersburg, our skilled attorneys at Harris, Hunt & Derr, P.A. can see clients throughout Clearwater, Brandon, Sarasota, Fish Hawk, and the surrounding areas. Whether you are looking for prenuptial or postnuptial agreements or potential modification to these contracts, turn to our compassionate and knowledgeable team. 

Call us at (813) 223-5421 or fill out our online form to schedule an appointment.