San Diego Premarital Agreement Attorney
Crafting Comprehensive Premarital Agreements in California
A premarital or prenuptial agreement is a legal document that spells out the property rights of each spouse in the event of divorce or death. Whether you are considering entering into an agreement or have been asked to sign a prenuptial agreement, it is important to work with an attorney looking out for your best interests. If you are looking for a knowledgeable premarital agreement lawyer in San Diego, choose Embry Family Law P.C.
Learn more about prenuptial agreements in a consultation. Contact us to schedule an appointment.
The Benefits of Premarital Planning
Prenuptial agreements may have originally been used by the very wealthy, but this is no longer the case. Today, premarital agreements are increasingly being used by people of much more modest means.
Prenuptial agreements are often drafted:
- By those with prior marriages and children from previous relationships
- By the recipients of large inheritances or trust funds
- For business-related reasons
Considerations in Drafting Premarital Agreements
Premarital agreements generally address property rights, including jointly owned property and separate property. The agreement should contain details about how the property will be divided in the event of divorce.
Ensuring You Meet the Legal Requirements
In most cases, courts will uphold agreements as long as the terms are not in violation of the law or public policy. An experienced premarital agreement attorney in San Diego can help ensure that your agreement meets all legal requirements.
For a prenuptial agreement to be valid:
- It must be in writing
- It must be signed by both parties voluntarily
- Both spouses must have full knowledge and understanding of the terms
In addition, each spouse must be represented by his or her own attorney. This is important because having your own lawyer gives you someone to look out for your interests and advocate on your behalf. Hire an attorney with extensive knowledge of divorce and family law to explain the terms and obligations of the agreement so that you understand what you are signing.
Please contact Embry Family Law P.C. at (619) 485-6476 for help crafting or reviewing a prenuptial agreement in San Diego.
Our Clients Share Their Stories
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"Extremely grateful to have Ben, Kaylin, and Nick on my side."
Ben, Kaylin, and Nick are an amazing team of knowledgeable professionals in family law. Their main focus is their client's and family member's wellbeing. They are calm and extremely experienced with custody orders. Not everyone can handle your stress and the chaos that you may have while going through the family law process, but this team gets the most difficult situation handled with care and full transparency and respect. Extremely grateful to have Ben, Kaylin, and Nick on my side. Highly recommend- Jenn W. (Facebook Review) -
They were responsive, knowledgeable and gave me peace of mind that I was in good hands every step of the way.- Robyn B. (Yelp Review)
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I requested the divorce to be canceled and Ben immediately processed it. He also reimbursed me for half the fee I paid without any hesitation.- Tina R. (Google Review)
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"Thank you Nicholas -- your team and clients are lucky to have you."
It had been a long two years of waiting and frustrations in the hands of my previous lawyer to get the legal closure I needed to move forward with my post-divorce life. As anyone going through divorce knows, nothing about it is easy or enjoyable ... that is until I met Nicholas Montaño. As office manager and head paralegal at Embry Family Law, Nicholas took my call and ran with it. From the get-go, I felt supported and that I was in capable hands. Within a few weeks, I was happily divorced and all was finalized, even sooner than the court date assigned to my case. Throughout our [thankfully] short time working together, he showed compassion, empathy, and understanding. And I especially appreciated his effective and efficient communication, and willingness to go above and beyond with sensitivity to time. Thank you Nicholas -- your team and clients are lucky to have you.- Kathy D. (Google Review)