Family

Eleanor Wood
September 2025

A recent ruling by the Court of Appeal in Potanina v Potanin has highlighted the possibility of pursuing financial claims in England following a divorce overseas. The case involved Russian billionaire Vladimir Potanin and his ex-wife Natalia Potanina, who had divorced in Russia in 2014. In the initial Russian financial settlement, the wife received only 1% of the total wealth of the couple. The wife was then granted permission by the English courts to pursue a claim for a share of Potanin’s UK-connected assets.

This decision underscores the principle that, where there is a genuine connection to England, such as habitual residence or domicile, a financial claim may be justified even after a foreign divorce.

Implications for International Divorcees

Increasingly, many families live abroad during a marriage or have a residence in multiple locations. Relationships between individuals of different nationalities is common place.

When a marriage fails, a divorce may take pace in a country which takes a very different view of fairness to England and Wales. While the Potanin case involved substantial wealth and high-profile individuals, the legal precedent it sets is relevant to a much broader group. UK nationals who have divorced abroad may still have grounds to seek financial relief in England, particularly if they have returned to live in the UK or hold assets here. This is especially pertinent in cases where the overseas settlement was limited or failed to account for UK-based assets, such as pensions or property.

UK Pensions: A Common Oversight

One of the most frequently overlooked issues in overseas divorces is the treatment of UK pensions. If a foreign court has divided assets, and the settlement is not challenged, a UK pension provider cannot implement a foreign order that delas with a UK pension. That can only be done through the English courts, so even if the terms of a settlement are acceptable it is necessary to deal with UK pensions via an application in the English courts.

Equally, in some countries, pension sharing is not a concept that exists, and so a stand alone claim dealing with pensions can be made.

This is particularly relevant for couples with modest wealth, where pensions may represent a significant portion of the marital assets. Without a UK court order, pensions may remain untouched, potentially leaving one party at a financial disadvantage.

The Role of Pre-Nuptial Agreements

Pre-nuptial agreements (PNAs) can play a role in limiting post-divorce claims, particularly when they clearly define jurisdiction and financial expectations. The jurisdictional difficulties of the Potanina v Potanin could possibly have been avoided with a well drafted PNA. While in high-net-worth cases, PNAs may be challenged, especially if one party claims they were disadvantaged in more typical scenarios a well-drafted PNA can offer clarity and protection.

If you would like to learn more about any of these issues, please contact one of the Family team.