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Both parties must hire their own divorce attorney when entering into a prenuptial agreement. A postnuptial agreement is a contract under the law.In theory it is possible to negotiate a legally binding written postnuptial agreement without the benefit of attorneys. First, they draft a mutually satisfying agreement, which an attorney for each spouse will then review. A postnuptial agreement is an agreement entered into between spouses after a marriage. Like prenuptial contracts, a postnuptial agreement calls for full disclosure of financial matters between the two parties. In the reality of the world we live in, many marriages end in divorce. Both parties must sign the agreement without coercion. But, you can get a "postnup. A postnuptial agreement is a legal document that can control how a married couple will divide or share their assets upon divorce.