In family law, an undertaking is a useful tool for resolving disputes and formalising agreements amicably without the need for a court order.
In this article, we’ll answer the question; ‘What is an undertaking in family law?’, explaining the difference between an order and an undertaking as well as the consequences of breaching an undertaking.
What are undertakings in family law?
An undertaking is a legally-binding promise made voluntarily by a person to the court.
In family law, undertakings are often made during legal proceedings in cases concerning divorce, child custody, and domestic violence.
An undertaking is usually a promise to do or refrain from doing something or to pay money.
They’re usually made in circumstances where the family court does not have the power to make an order.
What is the difference between an order and an undertaking?
Once an undertaking has been made, it’s legally binding and has many of the same effects as a court order.
The main difference between an order and an undertaking is that an undertaking cannot be imposed; it can only be made voluntarily with the consent of the party making it.
Is an undertaking the same as a non-molestation order?
A non-molestation order is a formal court order that prohibits one party from molesting another, whereas an undertaking is a voluntary promise made by a party to the court.
While both an order and an undertaking can be used to address issues like harassment and violence, they do not have the same automatic powers.
If a non-molestation order is breached, the party in breach can be immediately arrested and face criminal charges.
While breaching an undertaking can have serious consequences, it is not a criminal offence, and there is no power of arrest attached.
Common examples of undertakings in family law
Let’s examine some common scenarios when undertakings are made in family law to understand better where one might be applied.
- Non-molestation – One party might undertake not to contact, harass, or come within a certain distance of the other party or their children
- Asset protection – A party might undertake not to sell, mortgage, or otherwise dispose of marital assets during the divorce proceedings
- Property vacating – One party might undertake to vacate the family home by a certain date
- Child relocation – A parent might undertake not to take the children out of their current school or local area or travel abroad with them without the other parent’s permission
- Payment of bills or debts – After the financial aspects of a divorce are settled, one party might undertake to continue paying household bills or shared debts
What happens if an undertaking is broken?
An undertaking represents a legally binding promise, and breaking one can have serious consequences. Depending on the circumstances, breaking the promise you make in an undertaking could result in imprisonment or an unlimited fine.
Why choose Mark Reynolds Solicitors for family law?
At Mark Reynolds Solicitors, our team of specialist family law solicitors have helped countless families in the North West to resolve disputes amicably.
If you need legal support or advice regarding undertaking family law or any other family law matter, contact us today for a free consultation.