Source: All England Reporter
Publisher Citation: [2017] All ER (D) 165 (Jul)
Neutral Citation: [2017] UKSC 53
Court: Supreme Court

Lady Hale DP, Lord Kerr, Lord Wilson, Lord Carnwath and Lord Hughes SCJJ

Representation 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.
Judgment Dates: 26 July 2017


Divorce - Financial provision - Application

The Case

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.

Practice Areas

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