- The wide-ranging powers of the English court to intervene following foreign divorce proceedings.
The long-running case of Potanina v Potanin [2021] EWCA Civ 702, [2021] All ER (D) 47 (Jun) has recently been heard by the Supreme Court, on the issue of whether the wife should be granted permission to apply for financial relief in England following an overseas divorce. This case has once more brought into focus the wide-ranging powers of the English court to intervene following foreign divorce proceedings.
Part III of the Matrimonial and Family Proceedings Act 1984 enables family courts in England and Wales to make orders for financial provision after a divorce has already been obtained in another jurisdiction, if insufficient provision (or indeed no provision at all) has been made to the financially weaker spouse overseas. The legislation was intended to protect vulnerable parties to a divorce who had strong connections to England, in circumstances where the other party had issued divorce proceedings in a foreign jurisdiction which was more
