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](https://www.bailii.org/uk/cases/UKSC/2017/53.html) 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](https://vardags.com/contact "BOOK FREE CONSULTATION") About Us -------- Ayesha VardagFounder & President "A DIVORCE LAWYER WIDELY REGARDED AS ONE OF THE WORLD'S BEST" The Metro Vardags offer a unique approach to the law, specially tailored to the needs of HNW individuals. We offer City-quality representation for your divorce and family law needs. Our lawyers come from the very best universities and receive the very best training - they are determined, diligent, and dedicated to getting the best outcome... 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Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you. 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