Alex Brereton & Annabel Gorton explore the implications of Part III leave in Potanin v Potanina in Family Law Week
Alex and Annabel’s article was published in Family Law Week, 14 October 2025, and can be seen here.
Alex Brereton, Partner, and Annabel Gorton, Paralegal, in our Family & Relationships department, examine the Court of Appeal’s recent decision in Potanin v Potanina ([2025] EWCA Civ 1136), which has reignited debate around the concept of “divorce tourism” and the scope of Part III of the Matrimonial and Family Proceedings Act 1984.
The court allowed Ms Potanina’s appeal, granting her leave to pursue a financial claim in England despite her divorce having been finalised in Russia. The parties, both Russian nationals, had lived their entire married life in Russia, and Ms Potanina had previously received a modest settlement under Russian law. After relocating to London and becoming habitually resident, she sought to invoke the more generous financial remedies available under English law.
The Court of Appeal clarified the two key tests for Part III applications: the jurisdictional test (based on domicile, habitual residence, or a matrimonial home in England and Wales) and the merits-based threshold test, which requires a “substantial ground” for the claim.
Importantly, the court adopted a more flexible interpretation of what constitutes a sufficient connection to England and Wales, rejecting the notion that a “substantial” connection must always be shown. It also lowered the threshold for the merits test, finding that applicants need only demonstrate a real prospect of success, not a fully arguable case.
This nuanced approach allowed the court to overturn Mr Justice Cohen’s earlier characterisation of Ms Potanina as a “divorce tourist,” instead recognising her established ties to England and the potential for her claim to succeed at trial.
While the judgment does not radically alter the legal framework, it may signal a shift in how courts assess leave applications under Part III.
By deferring questions of motivation and deeper factual analysis to the trial stage, the court has arguably made it easier for applicants with limited initial connections to England to pass through the leave stage. This could lead to an increase in high-value international claims being heard in English courts, reinforcing England and Wales’ reputation as a jurisdiction offering generous financial relief in divorce proceedings.
The Potanin case now returns to the High Court for substantive determination, with the potential for further appeals given the scale of the assets involved.
Read the full article on the Family Law Week website [subscription required].