Undertakings and variation

Undertakings are common in financial remedy proceedings and are essentially a legal promise to the court to do or not do something.

The Supreme Court’s judgment in Birch v Birch [2017] UKSC 53 provided helpful clarification as to the court’s power to vary or discharge an undertaking. The couple’s consent order contained an undertaking from the wife to release the husband from the mortgage of their former matrimonial home within a specified period, or to sell the property if she was unable to do so. The wife was unable to release the husband from the mortgage, and applied for the undertaking to be varied to provide that the property would not be sold until the children had reached 18 or finished full-time education. The court allowed the wife’s appeal and held that the court has jurisdiction to hear her application. However, it also determined that the court cannot ‘vary’ an undertaking, as it is a voluntary commitment to the court, but can permit or refuse an application from a party to release them from the undertaking.

If you made an undertaking to the court during your divorce and wish to be released from it, contact Vardags today for a free initial consultation with one of our expert divorce solicitors.

BOOK FREE CONSULTATION