The following Family Q&A Produced in partnership with Christi Scarborough of 42 Bedford Row provides comprehensive and up to date legal information covering:
The enforcement of recitals in financial orders does present some difficulties due to potential uncertainties surrounding the technical jurisdiction of the family courts and the mechanism by which such orders are enforceable within the family jurisdiction. The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 contain explicit provision for the enforcement of undertakings in FPR 2010, PD 33A, and if an agreement outside of the powers of the family court is intended to have binding force, then in general, it will be better for this agreement to be given by means of a formal undertaking to the court. Parties said to be in breach of an obligation under a recital may well seek to argue that had it been intended to be binding, it would have been made by means of an undertaking.
It is also worth noting that the usual limitations in relation to family finance agreements apply, and it will not, for example, be possible to enforce a recital which attempts oust the jurisdiction of the Child Maintenance Service. See also Practice Notes: Financial proceedings—orders that can be made by the court, General principles o
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