A recent Court of Appeal decision has made headlines in the world of family law. Mrs Potanina, who divorced her husband in Russia back in 2014, has now been given permission to bring a financial claim in England. This is despite the fact that her marriage to Mr Potanin legally ended over a decade ago and the couple never lived in the UK during the course of their marriage.
The English court recognised that the discrepancy between what Mrs. Potanina received in Russia and what she might have secured under English law was considerable, therefore providing compelling grounds for permitting her application.
This highlights the fact that even if your divorce has already been dealt with abroad, you may still be able to apply for a financial settlement in England. The law here allows what’s known as a Part III claim, which can give people a “second chance” at a fairer outcome if certain conditions are met. Here we take a look at what this could mean for divorcing or divorced couples.
London – the “Divorce Capital of the World”
England (and London in particular) has long had a reputation for being one of the fairest places in the world to deal with divorce finances, especially where there are significant assets involved. The Potanina case has reinforced that reputation. By allowing her claim to proceed, the Court of Appeal has shown that English courts are still willing to step in when there’s a real risk someone has been left with far less than they should have.
What Does This Mean for You?
If you or your ex-partner have links to England, whether through property, business, or residence, there may be options to bring a financial claim here, even if your divorce was finalised in another country.
It’s important to note that such claims aren’t straightforward. The threshold for making such an application is not to be underestimated. Claimants must demonstrate solid and substantial grounds to justify reopening the issue, meaning careful preparation and robust evidence are key.
Furthermore, complex international financial settlement cases can take years to resolve and require careful evidence and preparation. That’s why getting the right advice at the very beginning is so important. Knowing where and how to start can save a lot of time, stress, and costs later on.
This case is also a reminder of the value of forward planning. Prenuptial and postnuptial agreements can help protect assets and reduce uncertainty if a relationship does break down. For international families in particular, taking early legal advice can make all the difference.
How O’Donnell Solicitors Can Help
The Potanina case shows that English courts remain willing to step in and ensure fairness, even years after a divorce has taken place abroad. If you have international ties or are worried that your financial settlement hasn’t been fair, it may be worth exploring whether the English courts could provide you with another option.
At O’Donnell Solicitors, our specialist family law team is experienced in handling complex financial and international divorce cases. Whether you’re considering divorce, need advice on protecting your assets, or want to know if you might have grounds to make a claim in England, we’re here to guide you through the process with clarity and care.
Get in touch with us today for a confidential discussion about your situation.
