At present, the courts have consideration of the factors outlined in Section 25 Matrimonial Causes Act 1973 and Schedule 5 Civil Partnership Act 2004 to determine financial settlements following the breakdown of a marriage. Whilst Pre-Nuptial Agreements and Postnuptial Agreements are not automatically legally binding or enforceable. However, the Court are increasingly upholding and giving effect to prenuptial agreements and postnuptial agreements provided that they are entered into voluntarily by both parties with a full understanding of their consequences. The Court may not consider upholding the agreement if doing so would be considered unfair.