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||Para. 1.1|
|Enforcement of undertaking for the payment of money||Para. 2.1|
Enforcement of undertaking for the payment of money
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 accordingly.
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:
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’.
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.