Family proceedings

The parties married in 1981 and separated in 1984. In 2011, the appellant wife applied for financial remedy from the respondent husband. The deputy judge made a costs allowance order and refused to strike out the wife’s application. On the husband’s appeal, the Court of Appeal, Civil Division, set aside the orders of the deputy judge, struck out the wife’s substantive application and made a repayment order. The Supreme Court, in allowing the wife’s appeal against the strike-out of her application, ruled as to the extent of the jurisdiction to strike out a spouse’s application for a financial order, under r 4.4 of the Family Procedure Rules 2010 (SI 2010/2955). The deputy judge’s costs allowance order was restored and the Court of Appeal’s repayment order set aside.