The SUPREME COURT

On appeal from the Court of Appeal of England and Wales (Civil Division).Issue:Whether the Court of Appeal erred in finding that pre-nuptial contracts ought to be given decisive weight, where entered into freely by both parties, in an assessment under section 25 of the Matrimonial Causes Act 1973. Whether the Court of Appeal decision amounted to impermissible judicial legislation, in contravention of the decision of the Privy Council in MacLeod v MacLeod (Isle of Man) [2008] UKPC 64.Facts:A pre-nuptial contract was signed by the parties prior to their marriage. That agreement provided that in the event of dissolution of the marriage neither party was to make a monetary claim against the other in any ancillary proceedings. The husband is French and the wife, who is of substantial wealth, is German. The parties lived together for the majority of their marriage in London and have two children of whom they share custody. The wife currently resides in Germany, the appellant husband in London.