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Maryland prenups are actually legally enforceable contracts. Make sure your relationship and future is protected with a prenup attorney from JC Law.To the contrary, a confidential relationship is not presumed between spouses entering into a postnuptial agreement. In addition, prenups must be negotiated using separate lawyers (if attorneys are used), while there is no such restriction for postnups. When creating a postnuptial, the spouses must ensure that no provision is unreasonable and unfair to one party. Not all couples who enter into postnuptial agreements are necessarily thinking about getting a divorce. A couple can enter into a postmarital agreement, also known as a postnuptial agreement, at any point during their marriage. Creating a Postnuptial Agreement doesn't mean that your marriage will end. While a prenuptial agreement is entered into prior to marriage, the post-nuptial agreement is enacted after the marriage has occurred.