Gisela Pieburg and Jurgen Pieburg were both born in Germany. They are now aged 69 and 73 respectively. Jurgen (the husband) lives in Switzerland and Gisela (the wife) lives in England. Having entered in to a German marriage contract (known as a pre-nuptial agreement in England and Wales) the wife now faces the prospect of a penniless divorce, having failed to establish jurisdiction in England and Wales.

They married in Germany in September 1985. Just a few weeks before their marriage, they entered into a marriage contract. This essentially held that the wife would not be entitled to any financial remedy, including maintenance, in...