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Family law brief: November 2025

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

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

Kingsley Napley—Tim Lowles

Kingsley Napley—Tim Lowles

Sports disputes practice launchedwith partner appointment

mfg Solicitors—Tom Evans

mfg Solicitors—Tom Evans

Tax and succession planning offering expands with returning partner

NEWS
The rank of King’s Counsel (KC) has been awarded to 96 barristers, and no solicitors, in the latest silk round
Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
Comparators remain the fault line of discrimination law. In this week's NLJ, Anjali Malik, partner at Bellevue Law, and Mukhtiar Singh, barrister at Doughty Street Chambers, review a bumper year of appellate guidance clarifying how tribunals should approach ‘actual’ and ‘evidential’ comparators. A new six-stage framework stresses a simple starting point: identify the treatment first
In cross-border divorces, domicile can decide everything. In NLJ this week, Jennifer Headon, legal director and head of international family, Isobel Inkley, solicitor, and Fiona Collins, trainee solicitor, all at Birketts LLP, unpack a Court of Appeal ruling that re-centres nuance in jurisdiction disputes. The court held that once a domicile of choice is established, the burden lies on the party asserting its loss
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
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