In Birch v Birch  UKSC 53, the Supreme Court has granted the wife's appeal and will urgently hear her application to be released from an undertaking given in a consent order in 2010. The order provided that the husband should transfer to the wife his legal and beneficial interest in the matrimonial home subject to the mortgage so that the wife could remain there with the two children of the family. In return the wife undertook to discharge all mortgage payments, to indemnify the husband against any liability under it and to use her best endeavours to release him from the covenants under it. Crucially, she undertook that if the husband had not been released the mortgage by 30 September 2012 she would secure his release by placing the home on the market for sale.
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