PRACTICE DIRECTION 33A – ENFORCEMENT OF UNDERTAKINGS

PRACTICE DIRECTION 33A – ENFORCEMENT OF UNDERTAKINGSThis Practice Direction supplements FPR Part 33

Enforcement of undertaking to do or abstain from doing any act other than the payment of money

1.

Attention is drawn to the provisions of Chapter 2 of Part 37, and paragraphs 2.1 to 2.3 of Practice Direction 37A, about the enforcement of undertakings by way of committal.

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Enforcement of undertaking for the payment of money

2.1

Any undertaking for the payment of money that has effect as if it was an order made under Part 2 of the Matrimonial Causes Act 1973 may be enforced as if it was an order and Part 33 and Part 37 apply accordingly.

2.2

The form of an undertaking for the payment of money that has effect as if it were an order under Part 2 of the Matrimonial Causes Act 1973 must be endorsed with a notice setting out the consequences of disobedience, as follows:

‘If you fail to pay any sum of money which you have promised the court that you will pay, a person entitled to enforce the undertaking may apply to the court for an order. You may be sent to prison if it is proved that you –

(a) have, or have had since the date of your undertaking, the means to pay the sum; and

(b) have refused or neglected, or are refusing or neglecting, to pay that sum’.

2.3

The person giving the undertaking must make a signed statement to the effect that he or she understands the terms of the undertaking being given and the consequences of failure to comply with it, as follows:

‘I understand the undertaking that I have given, and that if I break my promise to the court to pay any sum of money, I may be sent to prison’.

2.4

The statement need not be given before the court in person. It may be endorsed on the court copy of the undertaking or may be filed in a separate document such as a letter.

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