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?

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.

Before commencing enforcement proceedings, the party who seeks to benefit from the undertaking should ensure that the procedural steps were complied with when the undertaking was granted or when the

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