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: 17 September 2019
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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 only

Nicholas Starks
Nicholas Starks chambers

St Ives Chambers

Nicholas is a senior junior counsel of over 20 years’ experience. He specialises in family financial provision, principally financial orders upon divorce but also claims under TLATA, IPFDA, sch 1 Children Act and Civil Partnership Act 2004. Nicholas frequently deals with high net worth claims, involving businesses, farming and overseas assets. Nicholas practices at all levels of the Court hierarchy and has been commended by the Court of Appeal for his 'lucid argument' (Kaur v Matharu [2010] EWCA Civ 930).

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Jurisdiction(s):
United Kingdom
Key definition:
Financial remedy definition
What does Financial remedy mean?

A financial order is a type of 'financial remedy' within proceedings for divorce, dissolution, judicial separation or nullity.

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