Post-Nuptial Agreements Growing Trend in Marriages in U.S. - FOX 42: Omaha News, Sports and Weather; |

Post-Nuptial Agreements Growing Trend in Marriages in U.S.

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Franque Thompson

OMAHA (KPTM)- Most have heard of pre-nuptial agreements. But what seems to be gaining popularity are post-nuptial agreements.  It's a legally binding document like a pre-nup, but signed after the ‘I-Do's'.

"Both of us have been married twice.  The first one ended ok—the second one was a nightmare," said Brian Morache, who has an out-of-state post-nup.

Morache and his wife wanted to take a safer route just in case this third time isn't a charm.  They, like many couples in the country have gotten a post-nup.

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

For engaged couples like Paul Siebold and his fiancé Brittney, the idea of a post-nup is pretty risky.

"Going into a marriage and not having to rely on this insurance plan of protecting themselves.  I mean if they're going into an agreement and taking a vow of marriage, I believe they should stick with that," said Siebold.

Attorneys say these so called marital contracts are popping up more and more in law firms across the states.  And that's because divorce rates are on the rise.

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

Post-nuptial agreements aren't exactly practiced in Nebraska. The agreement actually goes under what's called a probate code, like a will.  So that means a ‘post-nuptial' agreement in Nebraska would only be enforceable in court, if a spouse were to die during the marriage.

"You're controlling how things pass from you upon your death.  So what you want to do is just make sure you have a good, well written will that it sets out what you, how you want your estate divided up," said Omaha attorney, Aaron Smeall.

The agreement can cover just about everything—from bank accounts to child support and even 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," said Altshuler.

For couples like the Morache's, figuring out who gets what was easy.  If they so happen to split, they would leave the marriage with what they came in with.  For post-nup non-believers like the future Siebolds—they'll continue to build their relationship on a contract of love.

"To us, there is no out, you know?  We're together and if we make that vow then that's what it's going to be," said Siebold's fiancé, Brittney Ruffin.

Currently Ohio is the only state that doesn't allow post-nuptial agreements.  For more information on Nebraska law, contact a local attorney.

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