POSTNUPTIAL AGREEMENTS Since you can plan a wedding, why cannot the persons who are intending to divorce, do so based on some sense of understanding before they file? They can! Postnuptial agreements, (sometimes referred to as post marital agreements) are agreements entered into after a marriage has taken place, but before the parties seek to divorce. As with premarital agreements, one or both of the parties usually is seeking to protect assets or income in the event of divorce.