Q&As

What is the procedure to withdraw an application for a financial order after the first appointment has taken place, and what are the costs consequences of doing so?

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Produced in partnership with Nicholas Starks of St Ives Chambers
Published on LexisPSL on 19/12/2018

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

  • What is the procedure to withdraw an application for a financial order after the first appointment has taken place, and what are the costs consequences of doing so?

The only general provision in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 relating to withdrawal appears in FPR 2010, SI 2010/2955, 29.4, which provides that permission of the court to withdraw an application is required where:

  1. it is an application in proceedings under FPR 2010, SI 2010/2955, Pt 7 (for a matrimonial (divorce) or civil partnership order))

  2. where either of the parties is a protected party, or

  3. where the application relates to the welfare or upbringing of a child

A financial remedy application under FPR 2010, SI 2010/2955, Pt 9 is not itself an application in proceedings under FPR 2010, SI 2010/2955, Pt 7, such t

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