The WLR Daily case summaries
[2017] WLR (D) 557
Supreme Court
Birch v Birch
[2017] UKSC 53
2017 May 22; July 26
Baroness Hale of Richmond DPSC, Lord Kerr of Tonaghmore, Lord Wilson, Lord Carnwath, Lord Hughes JJSC
Marriage— Financial provision— Agreement— Consent order giving effect to compromise of financial claims including undertakings given by wife— Wife applying to vary undertaking— Whether court having jurisdiction to vary undertaking— Whether power to discharge undertaking on condition further or different undertaking given— Whether consent order susceptible to being framed as an order for sale— Circumstances in which jurisdiction to discharge undertaking or vary consent order to be exercised—
Matrimonial Causes Act 1973 (c 18) (as amended by the Matrimonial Homes and Property Act 1981 (c 24), ss 7, 8(2)(a) and the Matrimonial and Family Proceedings Act 1984 (c 42), ss 6(4), 48(2)), ss 24A(1)(4), 31