Undertakings instead of an order: what respondents should know
At or before a hearing you may be offered the option of giving an undertaking instead of the court making an order. It can look like an easy way to end things. It deserves careful thought first.
What is an undertaking?
An undertaking is a formal promise to the court to do, or not do, certain things. The court records it, and you are expected to keep to it as if it were an order.
Is it an admission?
In many cases an undertaking is given without the court making findings against you, and the court may record that it is given without admission. You should still read the wording carefully and ask whether anything in it could be used later.
Why take it seriously?
- Breaking an undertaking can be treated as contempt of court, with serious consequences
- The terms may be as restrictive as an order would have been
- It can last for a fixed period, so check the end date
- It may be raised in later proceedings, including those about children
Questions to ask before agreeing
- What exactly am I promising, and for how long?
- Does it match what I am able to keep to in everyday life?
- Are the applicant's allegations being recorded or dealt with?
- Would I prefer the court to hear the evidence?
- Have I had the chance to take legal advice?
Justice Centre can talk through what an undertaking means in practice and what to expect at court. We do not give legal advice, so consider a solicitor before you agree to anything. See legal aid.
Common questions
What is the difference between an undertaking and a non-molestation order?
An order is made by the court. An undertaking is a promise you give. Both must be obeyed, and breaking either can have serious consequences, but they are enforced differently.
Does giving an undertaking mean I agree with the allegations?
Not necessarily. They are often given without the court making findings, but check the wording and take advice.
Can I change my mind after giving one?
Generally you cannot simply withdraw it. If circumstances change, you would need to ask the court. Take advice.
Should I give an undertaking to avoid court?
Only after you understand what it means. It is your decision, and it is worth getting advice first.
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