I Have to Sign an Undertaking – What is it and What Does it Mean?

A word that often comes up in Family law matters is Undertaking. What is this and what does it mean?

Undertakings are common in family law proceedings and can arise in many situations, from parenting matters to property settlements. It is important to know what they are, how they work and the consequences of breaking one.

An undertaking is like a promise made to the Court or to another party involved in your matter. It is a formal commitment to do or not to do something. An undertaking does not have the same legal effect as a Court Order, but it can still be treated the same way when it comes to enforcing the undertaking. If someone breaches an undertaking, the Court can respond seriously as if the person breached a Court Order.

Some examples of when undertakings can be used are:

1. In a parenting matter a party may give an undertaking not to relocate with the child without the other party’s consent. These types of undertakings can assist the parties to build trust while the Court decides what final Orders to make.

2. While Court proceedings are on foot, a party may undertake to continue paying household expenses or mortgage repayments to maintain some stability within the family.

3. In property matters, undertakings are used to prevent the sale or disposal of assets before an agreement is reached between the parties or an Order is made by the Court.

4. In matters involving allegations of family violence, a party may give an undertaking not to contact or approach the other party. This is not the same as an Apprehended Domestic Violence Order, but it provides a level of reassurance and may reduce the need for additional litigation.

If you breach an undertaking, it can have serious consequences. Breaching an undertaking is not just breaking a promise, it is a failure to comply with a commitment made during Court proceedings and the Court can treat it very seriously.

The Court may do one of the following if there has been a breach of an undertaking:

1. Issue a warning; or
2. Order compensation or costs to the other party; or
3. Treat the breach as contempt of Court; or
4. Impose a fine or imprisonment in more serious cases.

It is also important to note that breaching an undertaking can affect your credibility in the eyes of the Federal Circuit and Family Court. This could influence future decisions about your family law matter.

Before you enter into an undertaking make sure you obtain legal advice from one of our Sutherland Shire Family Law Solicitors at Solari & Stock Lawyers.

To speak with one of our experienced team phone us on 8525 2700, click here to request an appointment, or click on the Book Now button below; remember to ask for your free 30 minute consultation. Our experienced team of Family Law Solicitors include Riccarda Stock, Nicole Quirk, Shweta Kumar, and Nikita Ward.

Article by Shweta Kumar
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