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United Kingdom strike out and summary judgment

Wyatt v Vince

[2015] UKSC 14
JurisdictionUnited Kingdom
CourtUK Supreme Court
Year2015
StatusBinding authority

Summary

Delay alone is insufficient to strike out a financial remedy application; such claims may survive many years after decree absolute.

Key Principle

financial remedy claims survive long after divorce; delay alone is not sufficient to strike out an application for financial provision

Area of Law

family

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A property settlement order under s.79 FLA may only be made if it is just and equitable to alter existing property interests, which must be determined as a threshold question.

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