Enforcement of undertakings
Produced in partnership with David Salter of Mills & Reeve
Enforcement of undertakings

The following Family guidance note Produced in partnership with David Salter of Mills & Reeve provides comprehensive and up to date legal information covering:

  • Enforcement of undertakings
  • Undertakings and agreements
  • Enforcement of undertakings for the payment of money
  • Enforcement of undertakings other than for the payment of money
  • Enforcement by committal
  • Drafting undertakings

Undertakings and agreements

Undertakings and agreements between parties in financial proceedings are recorded in the preamble to the order where the court lacks the jurisdiction to make an order in the agreed terms, but the parties wish one another to be bound by the agreement. See also Practice Notes: Drafting the terms of a financial consent order and Action on reaching agreement prior to final hearing.

Specific provisions for the enforcement of undertakings are set out in the Family Procedure Rules 2010, SI 2010/2955 (FPR 2010). These distinguish between:

  1. the enforcement of undertakings to do or abstain from doing any act other than the payment of money, and

  2. the enforcement of undertakings for the payment of money

With effect from 22 April 2014, provisions for committal for breach of undertakings are set out in FPR 2010, SI 2010/2955, Pt 37 and the corresponding FPR 2010, PD 37A. FPR 2010, SI 2010/2955, Pt 37 applies to the enforcement of undertakings for the payment of money.

Note that FPR 2010 provisions apply only to family proceedings. Proceedings governed by the Civil Procedure Rules 1998, SI 1998/3132 (CPR) are subject to the provisions of CPR 81.

Enforcement of undertakings for the payment of money

Any undertaking for the payment of money in a financial remedy order may be enforced as if it were an