A v A [2018] EWHC 340 (Fam) (28 February 2018)

A v A [2018] EWHC 340 (Fam) (28 February 2018)

The judge was entitled to discharge the wife from her undertaking to repay the husband due to a significant and unforeseen change of circumstances, but fairness requires replacement undertakings to protect the husband's interests.

Source-derived case information.

Citation
[2018] EWHC 340 (Fam)
Parties
Appellant: A; Respondent: A
Jurisdiction
England and Wales
Judgment Date
28 February 2018
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Variation of Undertakings, Consent Orders, Clean Break, Change of Circumstances
Family Law Variation of Undertakings Consent Orders Clean Break Change of Circumstances

Source-derived case record

Summary, issues, holding and outcome

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Parties

A

Appellant

A

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the wife should be released from her undertaking to repay the husband mortgage interest and loan payments under the consent order
  2. 2 Whether replacement undertakings should be imposed upon release
  3. 3 Impact of significant change in circumstances on consent orders

Ratio Decidendi

The judge was entitled to discharge the wife from her undertaking to repay the husband due to a significant and unforeseen change of circumstances, but fairness requires replacement undertakings to protect the husband's interests.

Court Disposition

appeal allowed in part

Orders

  • Wife discharged from undertaking to repay mortgage interest and loan payments, subject to replacement undertakings to be determined.
  • Further submissions required to finalise terms of replacement undertakings.