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14 November 2025 / Ellie Hampson-Jones , Carla Ditz
Issue: 8139 / Categories: Features , Family , Divorce , Child law
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Family law brief: November 2025

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In their latest update, Ellie Hampson-Jones & Carla Ditz consider three recently reported cases & some important developments in family law
  • In the latest instalment in Potanin v Potanina, the judgment makes clear that there is no statutory requirement to establish a ‘substantial’ connection to England and Wales.
  • Helliwell v Entwistle has shown the importance of full and frank disclosure when negotiating pre-nuptial agreements.
  • BC v BC demonstrates the need to respect confidentiality in the FDR and private FDR process.
  • Meanwhile, the Family Justice Council has published guidance on the use of covert recordings in family law proceedings, and there has been a useful evaluation of the Pathfinder court pilot.

Potanina v Potanin (No 2) [2025] EWCA Civ 1136

The Court of Appeal has handed down its judgment in the latest instalment of the long-running case of Potanin v Potanina. The case concerns Russian multi-billionaire Vladimir Potanin (pictured) and his wife Natalia Potanina, who were married for 30 years before divorcing

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NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
NLJ this week: Family law urged to ditch adversarial instincts
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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