*Birch v Birch

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 s 24A 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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