||All England Reporter
|| All ER (D) 165 (Jul)
|| UKSC 53
Lady Hale DP, Lord Kerr, Lord Wilson, Lord Carnwath and Lord Hughes SCJJ
||Stephen Hockman QC and Jane Campbell (instructed by Alison Fielden & Co, Cirencester) for the wife.
||John Wilson QC, Paul Infield and Julia Shillingford (instructed through by Goodman Ray Solicitors LLP) for the husband.
||26 July 2017
Divorce - Financial provision - Application
Divorce Financial provision. There was jurisdiction to hear appellant wife's application to 'vary' her undertaking so as to postpone her obligation to secure the respondent's husband's release from his covenants under a mortgage by reference to the case law and given its equivalence with an order for sale under of the Matrimonial Causes Act 1973, variable under s 31(2)(f). Accordingly, the Supreme Court allowed her appeal and remitted the matter to the Family Court to determine whether the jurisdiction should be exercised.
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