Prenuptial and Postnuptial Agreements Lawyer Lakeland & Sebring

Tailoring solutions to protect your assets

At Sessums Law Group, P.A., we realize marriage is a big step in your relationship. If you have assets to protect or children from a previous marriage, you may be considering a prenuptial or postnuptial agreement. We have extensive experience drafting marital agreements to fit a variety of circumstances and enforcing agreements when the need arises. Trust our attorneys to secure your assets and your children’s future.

What are prenuptial and postnuptial agreements?

A prenuptial or premarital agreement is an agreement between unmarried people contemplating marriage. Florida generally follows the Uniform Premarital Agreement Act, which allows prospective spouses to make agreements on the following issues:

  • Disposition of property upon separation, divorce, death, or the occurrence or nonoccurrence of any other event
  • Waiver or predetermination of spousal inheritance rights
  • Modification or elimination of spousal support
  • Ownership rights in and disposition of life insurance proceeds
  • Protection of a family business or professional practice
  • Protection from debts of the other spouse
  • Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty

Child support, health and medical expenses, medical insurance and child care coverage may not be included in a premarital agreement.

A postnuptial agreement is similar to a prenuptial with the obvious difference in timing. A postnuptial is signed after a couple is married. For either type of agreement to be valid, the agreement must be signed by fully informed parties.

Do I need a marital agreement?

If you are concerned about your potential obligations if the marriage ends in divorce, a prenuptial or postnuptial agreement can mitigate your risks. Consider whether the following circumstances describe you and your fiancé or spouse:

  • One is much wealthier than the other
  • One earns far more than the other
  • One of you owns all or part of a business
  • One of you has a high debt load
  • You are remarrying
  • You have children from a prior marriage or relationship

We are experienced family lawyers. We review your circumstances and apply our experience in Highlands and Polk County family courts to your situation. Our collaborative approach and personal service allow us to develop a solid premarital or postnuptial agreement to protect your assets and your future.

Is my prenup or postnup valid?

Prenuptial and postnuptial agreements are essentially contracts, so they must meet standard contract requirements. Sessums Law Group, P.A. helps ensure your agreement meets or exceeds the necessary requirements:

  • Both parties must have capacity
  • There must be adequate consideration, meaning each side must give something up in the exchange
  • There must be a meeting of the minds, which means both parties must agree to the terms and agree to be bound by the terms of the agreement

Additionally, due to the relationship between a husband and wife, marital agreements may be unenforceable if either party is guilty of fraud, coercion or material nondisclosure.

Call Lakeland and Sebring lawyers to arrange a meeting

Sessums Law Group, P.A. protects your assets and your future by drafting, enforcing or defending against prenuptial and postnuptial agreements. Our double board-certified founding partner has the expertise to guide you confidently through family property law. Call our Lakeland office at 877-826-5630, our Sebring office at 863-658-4796 or contact us online to arrange an appointment. At Sessums Law Group, P.A., we stand for you!