• The recent Supreme Court decision in Birch v. Birch confirms that there is jurisdiction to hear an application to vary an undertaking or “promise” in financial divorce proceedings following a wife’s application to be released from an undertaking to sell a former marital home.

    As part of the original order, the wife undertook to meet all mortgage payments on the family home, to indemnify the husband against any mortgage liability and sought to release the husband from the mortgage covenants. In addition, an undertaking was given by the wife that should the husband not be released from his mortgage obligations the house would be sold. The judgement confirms that courts can revisit a final consent order which many will argue can lead to uncertainly both in relation to existing orders and in seeking to negotiate new ones.

    The wife’s application that her undertaking should be varied, namely that there should be a delay in the sale of the property, will now be decided upon and the outcome will be awaited with interest.

    This content is correct at time of publication

    Can we help?

    Take a look at our Family and Divorce page for useful information, resources, guidance, details of our team and how we may be able to help you

  • Key contact:

    Get in touch

    Please fill out the below form or alternatively you can call us on 01622 690691

      By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. If you subscribe to any of our newsletters, you can unsubscribe any time using the link in the email. Please view our privacy statement for more information