The end of the ‘knock-out blow’ in Part III claims (Potanina v Potanin)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?

Article summary

Family analysis: The eagerly-anticipated judgment of the Supreme Court in this case was handed down on 31 January 2024. It will have a long-lasting impact on applications for financial relief following an overseas divorce under Part III of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984). It is only the second time the Supreme Court has considered the way in which MFPA 1984, Pt III proceedings should be conducted. It will have important implications for so-called ‘divorce tourists’ whose claims will now be subject to careful scrutiny before permission is granted. It is also particularly significant given that the Law Commission has confirmed it will not review Part III applications when it reviews the law on financial provision on divorce. Tahmina Rahman, barrister at 1GC Family Law, examines the issues.