Q&As

Is the court’s permission required for an applicant to withdraw their application for a financial remedy within a week of the final hearing of that application? What would be the consequences of withdrawing the application at such a late stage?

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Produced in partnership with Nicholas Starks of St Ives Chambers
Published on LexisPSL on 17/09/2019

The following Family Q&A produced in partnership with Nicholas Starks of St Ives Chambers provides comprehensive and up to date legal information covering:

  • Is the court’s permission required for an applicant to withdraw their application for a financial remedy within a week of the final hearing of that application? What would be the consequences of withdrawing the application at such a late stage?

The rules relating to the withdrawal of an application in proceedings are contained in the Family Procedure Rules (FPR 2010), SI 2010/2955, 29.4.

Proceedings under FPR 2010, SI 2010/2955, Pt 9 (applications for a financial remedy) are not specifically referred to in FPR 2010, SI 2010/2955, 29.4. Consequently, permission to withdraw a financial remedy application will only be required if the other provisions of FPR 2010, SI 2010/2955, Pt 29 requiring permission are engaged, namely if one of the parties is a protected party (FPR 2010, SI 2010/2955, 29.4(1)(c)) and/or if the proceedings ‘relate to the welfare or upbringing of a child’ (FPR 2010, SI 2010/2955, 29.4(1)(b)).

Whether an application for a lump sum or transfer of property order for the benefit of a spouse, to enable them indirectly to provide a home not onl

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