Can I obtain a second financial settlement on divorce?

££ + £££££

Yes, you can ask the English Court to make a financial award if you have already been divorced and already received a financial settlement abroad.  The Court has the power to do so under Part III of the Matrimonial and Family Proceedings Act 1984. However, in order to bring a claim under the 1984 Act the divorce abroad must have been validly made as part of a judicial process and at least one of the parties must have a sufficient connection with England and Wales.

In order to demonstrate a sufficient connection with England and Wales, at least one of the parties must either be domiciled or habitually resident in England or Wales or have an interest in a property in England or Wales that has been treated as the matrimonial home at some point during the marriage.

Unlike financial applications made alongside divorce proceedings in England and Wales you will need first to obtain permission from the Court to bring an application under the 1984 Act. There is an initial filter process during which the Court will consider whether you have a sufficient connection with England and Wales and whether your case is substantial or solid.

If the Court grants permission for you to bring your claim under the 1984 Act the Court has the power to make the full range of financial orders unless the connection with England and Wales is based solely upon a property that has been treated as the family home, in which case the Court’s powers are limited to making orders in connection with that property. 

The 2024 Supreme Court judgment in Potanina -v- Potanin  made it clear that both parties should be able to take part in the initial filter hearing of the application and that the applicant needs to show that they have a solid or substantial case.

Following that Supreme Court judgement Mrs Potanina applied for permission to bring her claim under the 1984 Act, after divorce proceedings in Russia, and was initially refused permission to do so. However, on 4 September 2025 the Court of Appeal overturned that decision paving the way for Mrs Potanina to bring her financial claims under the 1984 Act.       Estimates of Mr Potanin’s assets have been placed in the billions and it seems likely that the proceedings will give rise to further reported judgements.  

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