Q&As

What form should be used when making an application to enforce an undertaking in a financial order to pay a mortgage?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 30/01/2018

The following Family Q&A produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • What form should be used when making an application to enforce an undertaking in a financial order to pay a mortgage?

An undertaking with a penal notice attached may be enforced by way of committal proceedings. The application is made using the procedure under Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 18 (FPR 2010, SI 2010/2955, r 37.10). The application notice under FPR 2010, SI 2010/2955, Pt 18 is FP2, Application notice, FPR 2010, SI 2010/2955, Pt 18, and the application will need to be accompanied by an affidavit containing all the evidence that the applicant seeks to rely on. The fee is £155 (Family Proceedings Fees Order 2008, SI 2008/1054, fee 5.3). Personal service of the application is required.

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