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8 September 2025

Alex Brereton Comments On Potanina v Potanin Judgment's Impact On International Divorce Claims

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Alex Brereton, Partner in our Family & Relationships department, has commented on the Court of Appeal's recent decision in Potanina v Potanin (No.2)...
United Kingdom Family and Matrimonial

Alex's comments were published in The Law Society Gazette and ICLG, 4 September 2025.

Alex Brereton, Partner in our Family & Relationships department, has commented on the Court of Appeal's recent decision in Potanina v Potanin (No.2), which has reignited debate about England's status as the "divorce capital of the world."

The case involved a Russian couple who divorced in Russia in 2014, where the wife received $41.5 million. After moving to London, she applied for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984.

Initially dismissed by the High Court, her application was reinstated by the Court of Appeal, which found she had a "real and meaningful connection" to England and substantial grounds for her claim, given the significant discrepancy between the Russian award and what she might have received in England.

The judgment has sparked concerns that England could become the "family court of the world," with critics warning of increased pressure on already stretched courts. Others argue the decision reinforces England's reputation for fairness, particularly for financially weaker spouses, and maintains its attractiveness as a jurisdiction for high-value international divorce claims. While the ruling allows Mrs Potanina's $6 billion claim to proceed, further appeals by Mr Potanin remain possible.

Commenting on the implications, Alex noted that the judgment makes it clear the English family court remains open to wealthy international couples seeking to resolve financial claims here, provided they can meet the necessary legal hurdles. This reinforces the court's willingness to act as a forum of last resort in cases where a spouse believes they have not received a fair share abroad.

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