The article Postnuptial Agreements nails the point quite well:
"The reason for more careful treatment of postnuptial agreements over prenuptial agreements is the legal rights of the people involved. Prior to marriage, neither person has any legal family law rights on the other. So, a person is not giving up any rights when they enter into a prenuptial agreement. However, the situation between a married couple is very different - both parties have very well defined legal rights regarding support and property division. So, when they negotiate a postnuptial agreement, they will be giving up some of these rights. Because of this, it is very important for both parties to each have an attorney and to really bend over backwards to be fair in the postnuptial agreement."I say check the rest of the article for a general overview of post-nuptial agreements. Post-nuptial agreements share with prenuptial agreements one thing from my practice's viewpoint: under utilization by people.
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