Married couples opting for post-nups

PROVIDENCE, R.I. (WPRI) - Forget the pre-nup. More and more couples are getting post-nuptial agreements after they've tied the knot.

A local couple who recently got married just signed one of these agreements.

"Both of us have been married twice," said Brian Morache. "Her first one ended okay. The second one was a nightmare."

Morache's wife Miriam wanted to protect her assets, so she and Brian signed a post-nuptial agreement, which is a legally binding document that is signed after a couple says their vows.

"I think there's a bit more peace of mind, a bit more stability in a sense," said Brian Morache.

The American Academy of Matrimonial Lawyers says with divorce rates and litigation costs on the rise, a growing number of couples are looking into these so-called "marital contracts."

"Any two people who feel that they're in conflict and feel that a marriage may
be dissolved should try and define what they would do in the event of a
divorce in advance. It does bring clarity to the situation," said Ken Altshuler, American Academy of Matrimonial Lawyers.

The terms of the agreement can deal with practically anything from checking and savings accounts, to debt and child support, to personal property.

Brian Morache says this kind of contract just made sense.

"What we come into the marriage is what we would each leave with," he said.

Co-founder of Divorce Detox Alison Pescosolido says post-nups can often be tricky to approach.

"Both people are going to have to give up what their ideal is. You also want to walk away if it starts getting heated and set a specific time to get back together," said Pescosolido.

Pescosolido also recommends reaching out to a therapist.

Currently, Ohio is the only state that prohibits post-nuptial agreements.

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