A v A

A v A

A significant and unforeseen change of circumstances undermined the basis of the original consent order, justifying release of the wife from her undertaking to repay mortgage interest and loan payments, but fairness requires consideration of replacement undertakings to minimize prejudice to the husband.

Parties
Applicant: A; Respondent: A
Jurisdiction
England and Wales
Judgment Date
28 February 2018
Procedural Posture
Family Appeal / Judgment on Appeal
Outcome
Appeal allowed in part
Legal Topics
Variation of Undertakings, Consent Orders, Clean Break, Change of Circumstances, Maintenance, Property Division
Family Law Variation of Undertakings Consent Orders Clean Break Change of Circumstances Maintenance Property Division

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Parties

A

Applicant

A

Respondent

Procedural Posture

Family Appeal / Judgment on Appeal

Legal Issues

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

Ratio Decidendi

A significant and unforeseen change of circumstances undermined the basis of the original consent order, justifying release of the wife from her undertaking to repay mortgage interest and loan payments, but fairness requires consideration of replacement undertakings to minimize prejudice to the husband.

Court Disposition

Appeal allowed in part

Orders

  • Wife discharged from undertaking to repay mortgage interest and loan payments, subject to consideration of replacement undertakings
  • Further submissions required to finalize terms of replacement undertakings