Curry Law Group

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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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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Dissolution of Marriage

Initial information form for divorce proceedings.

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Post-Dissolution Modification

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Paternity Questionnaire

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Postnuptial Agreement

Information form for postnuptial agreement requests covering property and debt.

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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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