12 Investigates: Post nuptials growing in popularity - NBC12.com - Richmond, VA News

12 Investigates: Post nuptials growing in popularity

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RICHMOND, VA (WWBT) -

Newlyweds and married couples listen up.

Relationships can be tricky - especially when you talk about finances. But there's a new contract gaining steam among couples, set to help protect you.

Instead of a pre-nup, this deal is signed after the honeymoon is over.

Brian Morache and his wife Mariam are past-divorcees, who recently tied the knot.

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

This time, Mariam wanted to protect her assets, so she and Brian signed a post-nuptial agreement.

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

A post-nup is a legally-binding document that's similar to a pre-nuptial agreement, but is signed after a couple says their vows.

With divorce rates and litigation costs on the rise, the American Academy of Matrimonial Lawyers says 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," said Ken Altshuler. "It does bring clarity to the situation."

Some happy couples are also signing post-nups for a sense of security.

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

"We have many instances where people talk about who is going to have custody of the pet. I've had different pieces of china and silverware that were divided in advance."

For Brian and his wife, working out who gets what was simple.

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

Brian and Mariam were lucky. Allison Pescosolido, co-founder of Divorce Detox, says post-nups can often be tricky to approach.

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

She also recommends reaching out to a therapist. No matter how you choose to go about it.

"The most important thing is a full disclosure… finances, assets, and debts."

Otherwise, the post-nup could be thrown out in court. Brian and Mariam look forward to a lifetime of love, but consider the post-nup a kind of insurance policy.

"It's almost like putting on a life jacket when you're going to go boating. You don't anticipate using it, but you want it there."

The American Academy of Matrimonial Lawyers has conducted the only nationwide poll on post-nuptial agreements. It found that nearly half of the lawyers surveyed reported an increase in the number of couples signing up.

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