Prenups & Marital Agreement Attorney in Brandon
Prenuptial and postnuptial agreements are powerful tools that protect assets, clarify financial expectations, and prevent costly disputes. Curry Law Group drafts, reviews, and negotiates marital agreements for Brandon couples, ensuring they are fair, enforceable, and tailored to your financial situation.
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Prenuptial Agreements
A prenuptial agreement (prenup) is a contract signed before marriage that defines how assets and debts will be divided if the marriage ends. Prenups can protect business interests, inheritance, retirement accounts, real estate, and other separate property. They can also address alimony and debt responsibility. A well-drafted prenup provides peace of mind and financial clarity.
Postnuptial Agreements
A postnuptial agreement is similar to a prenup but is signed after the couple is already married. Postnups are used when financial circumstances change significantly — such as a business sale, inheritance, or career change — or when a couple reconciles after a separation. Postnuptial agreements must meet the same legal standards as prenups to be enforceable.
Enforceability Requirements
For a marital agreement to be enforceable in Florida, it must meet several requirements: full and fair financial disclosure by both parties, voluntary execution without duress or coercion, fair terms, and each party should have independent legal counsel or knowingly waive that right. Agreements that fail these requirements can be challenged and invalidated.
What Marital Agreements Can and Cannot Address
Marital agreements can address property division, debt allocation, alimony, and financial responsibilities during marriage. However, they cannot waive child support or determine child custody — those issues are always decided based on the best interests of the child at the time. Our attorneys ensure your agreement addresses what it legally can and omits what it cannot.
Frequently Asked Questions
Are prenups enforceable in Florida? Yes, if they meet statutory requirements: full disclosure, voluntary execution, and fair terms. Can I modify a prenup after marriage? Yes, through a postnuptial agreement. Both parties must agree to the changes. What happens if we divorce without a prenup? Florida equitable distribution applies, meaning marital property is divided fairly but not necessarily equally.
Contact Curry Law Group Today
To protect your financial future with a prenuptial or postnuptial agreement, Curry Law Group provides experienced counsel. Call 813-653-2500 for a consultation.
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Key Legal Terms
Important Family Law Terms
Understanding these terms can help you make informed decisions about your case.
Alimony
Court-ordered financial support paid by one spouse to another during or after a divorce, intended to help the lower-earning spouse maintain a standard of living close to that of the marriage.
Read full definitionAnnulment
A court order declaring a marriage void, as if it never legally existed. Florida grants annulments only in limited circumstances, such as fraud, bigamy, or incapacity.
Read full definitionAttorney Fees in Divorce
A court order requiring one spouse to pay the other's legal fees during a divorce. Florida may award fees to ensure both spouses can afford proper representation, regardless of who filed.
Read full definitionBest Interests of the Child
The legal standard Florida courts use to decide custody and timesharing. Judges weigh factors such as each parent's ability to provide, the child's needs, and the child's relationship with each parent.
Read full definitionChild Custody
The legal and practical relationship a parent has with their child, including decision-making authority (legal custody) and where the child lives (physical custody), determined by the child's best interests in Florida.
Read full definitionChild Custody Jurisdiction
A court's ability to make decisions about a child who lives in Florida. A judge needs this authority to order timesharing, support, or other relief affecting the child.
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Curry Law Group — Divorce Series
Our family law attorneys walk through the divorce process, custody, alimony, and what Florida families need to know before filing.
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Forms & Common Questions
Get immediate answers and the right intake forms for your matter.
Related Legal Forms
Post-Dissolution Modification
For modifications to existing divorce decrees, custody, or support orders.
Paternity Questionnaire
Complete for paternity establishment, custody, and child support matters.
Postnuptial Agreement
Information form for postnuptial agreement requests covering property and debt.
Top-Asked Questions
Florida courts make custody decisions based on the best interests of the child. Factors considered include each parent's relationship with the child, ability to provide care, stability, the child's preference (if old enough), and any history of abuse or substance abuse. Courts typically prefer "shared parental responsibility" when both parents are fit and involved.
Florida uses an income-shares model for child support. Both parents' incomes are considered, along with the number of overnights each parent has. The state provides guidelines, but judges can deviate from them based on special circumstances like high incomes, special needs, or private school expenses. Child support continues until the child is 18 (or 19 if still in high school).
Alimony is spousal support paid to a lower-earning spouse after divorce. Florida recognizes several types: temporary (during divorce), bridge-the-gap (short-term), rehabilitative (to help a spouse become self-supporting), durational (limited time), and permanent (typically for long marriages). Courts consider factors like the marriage length, each spouse's income, and earning capacity.
Florida is an "equitable distribution" state—not a community property state. This means marital property is divided fairly (not necessarily 50/50) based on each spouse's contributions, economic circumstances, and other factors. Non-marital property (owned before marriage or inherited) is not divided. We help protect your assets and present a fair division argument.
Yes, either parent can request modification if there's been a "substantial change in circumstances" since the original order. This might include job loss, relocation, change in custody needs, or change in income. We'll help you navigate the modification process and present the strongest case for your situation.
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