Tampa Prenuptial & Postnuptial Agreements Lawyers 

Tier 1-Rated Family Law Attorneys Protecting What Matters Most

Getting married is an exciting time, and while marital agreements aren’t the most romantic topic, they can be one of the most important steps you take to protect yourself and your family. Prenuptial and postnuptial agreements are voluntary written contracts that define how assets, liabilities, income, and support will be handled if the marriage ends. At Harris, Hunt & Derr, P.A., our attorneys guide you through the prenuptial or postnuptial agreement process so you feel informed and confident at every step.

We deliberately limit our caseload so clients receive focused, personalized attention. Our team serves clients throughout Tampa, St. Petersburg, Clearwater, Brandon, Sarasota, Fish Hawk, and the surrounding areas, and our approach is guided by the Protection Without Destruction® philosophy: resolving matters in a way that protects your interests without unnecessary conflict.

Ready to get started? Call us at (813) 223-5421 to schedule a consultation with our Tampa marital agreement attorneys.

What Does a Prenuptial Agreement Contain?

A prenuptial agreement is a contract between two people before they marry that governs each party’s rights and obligations arising from the marriage if it ends in separation or divorce. Because every couple’s financial situation is different, no two agreements are identical.

Common prenuptial agreement provisions include:

• Estate and property division in the event of divorce
• Establishing or waiving alimony
• Ownership or division of businesses or inheritances
• Protection from a spouse’s pre-existing debts
• Provisions securing assets for children from a prior relationship

Under Florida’s Uniform Premarital Agreement Act (§ 61.079), a prenuptial agreement may also address spousal support terms, the choice of governing law, and any personal rights or obligations not in violation of public policy. One firm limit applies regardless of what an agreement says: courts retain full authority over child custody and child support, and no prenuptial agreement can adversely affect a child’s right to support.

Florida Prenuptial Agreement Enforceability Under § 61.079

Florida’s Uniform Premarital Agreement Act, codified at § 61.079 of the Florida Statutes, sets the standard for what makes a prenuptial agreement legally valid and enforceable. An agreement that doesn’t meet these requirements can be challenged or invalidated at exactly the moment it’s needed most.

Signing Requirements & Grounds for Invalidation

To be enforceable, a prenuptial agreement must be in writing and signed by both parties. Florida courts may refuse to enforce an agreement if a party didn’t execute it voluntarily, if it was the product of fraud, duress, coercion, or overreaching, or if it was unconscionable at the time of signing and the challenging party wasn’t given fair and reasonable disclosure of the other party’s property or financial obligations and didn’t waive that right in writing or otherwise have adequate knowledge of the other party’s finances. A party who conceals assets risks having the entire agreement invalidated.

Timing, Spousal Support, & Amendment

Timing matters too. Courts have scrutinized agreements presented very close to the wedding date. Negotiations completed well in advance, with both parties represented by independent counsel, are better positioned to withstand a future challenge. One practical limit on spousal support waivers: if eliminating support would leave a party dependent on public assistance at divorce, a court may require support anyway, regardless of what the agreement says.

After marriage, a prenuptial agreement may be amended, revoked, or abandoned only by a written agreement signed by both parties. Postnuptial agreements are subject to similar enforceability requirements, including voluntariness, financial disclosure, and mutual consent, though the legal standards aren’t identical in every respect. Our prenuptial agreement attorneys in Tampa work through these requirements with each client so the agreement reflects both parties’ intentions and is structured to support enforceability if it’s ever tested in a Hillsborough County courtroom.

Why Might a Couple Choose to Create a Postnuptial Agreement?

Unlike prenuptial agreements, postnuptial agreements are created after the couple is already married, but they serve a similar purpose: defining each party’s rights and obligations if the marriage ends in separation or divorce.

Five reasons a couple might sign a postnuptial agreement:

1. To clarify each party’s rights to property brought into the marriage.
2. When a spouse has taken on significant debt or encountered legal trouble.
3. To protect assets intended to pass to children from a prior relationship.
4. When a spouse receives an unexpected financial windfall, such as an inheritance.
5. When a spouse leaves the workforce to care for children.

A postnuptial agreement can also be used to update or revise a prior prenuptial agreement as circumstances change.

Benefits of a Postnuptial Agreement

Peace of Mind for Your Marriage

No one enters a marriage expecting it to end, but planning for that possibility is a responsible step. A postnuptial agreement gives both parties a documented plan for the division of assets and debts, reducing the risk of future disputes and allowing both partners to focus on the marriage itself rather than financial uncertainty.

Clarifying Financial Responsibilities

A postnuptial agreement can also define financial roles within the marriage: which spouse is responsible for specific debts, how joint accounts are managed, and how assets will be divided if the relationship ends. Clear terms established in writing reduce misunderstandings before they become conflicts.

Protecting Family Assets

Postnuptial agreements are frequently used to designate family assets, such as an inheritance or a business, as separate property not subject to division in a divorce settlement. Business owners who founded a company before marriage, or who build one during the marriage, can use a postnuptial agreement to clarify the business’s status and protect future earnings or partnerships.

At Harris, Hunt & Derr, P.A., we handle high-asset divorce and business valuation matters alongside marital agreement work. That applied knowledge of how Florida courts treat business and investment assets in dissolution proceedings directly informs how we draft and structure agreements. Our attorneys are rated Tier 1 in Family Law by U.S. News Best Law Firms and recognized among the Best Divorce Lawyers in Tampa.

How We Create a Postnuptial Agreement with You

Creating a postnuptial agreement is a meaningful step toward clarity and security in your marriage. At Harris, Hunt & Derr, P.A., our collaborative team structure means multiple attorneys contribute to agreement strategy rather than a single lawyer working in isolation, and our deliberately limited caseload helps us provide focused attention throughout.

Here’s what the process looks like when you work with us:

1. Initial Consultation: We begin by discussing your specific needs, goals, and concerns so we fully understand what the agreement needs to accomplish.
2. Drafting the Agreement: Our attorneys draft an agreement that reflects your intentions and is designed to support enforceability under scrutiny.
3. Negotiation: We facilitate open communication between both parties to work toward terms that are agreeable and fair to each side.
4. Final Review: Before signing, we conduct a thorough review to confirm all legal requirements are satisfied and that you fully understand every term.
5. Execution: We guide both parties through formal execution, ensuring all required legal protocols are followed.

Both parties should ideally have independent legal representation during negotiation, which reduces the risk of an enforceability challenge later. We can help you understand that process and what to expect.

Contact Our Tampa Prenuptial & Postnuptial Agreement Lawyers

With offices in both Tampa and St. Petersburg, we serve clients throughout Clearwater, Brandon, Sarasota, Fish Hawk, and the surrounding areas. Whether you need a prenuptial agreement, a postnuptial agreement, or a modification to an existing marital agreement, our team can help you move forward with confidence.

Call us at (813) 223-5421 or fill out our online form to schedule a consultation with our Tampa prenuptial and postnuptial agreement lawyers.