Are Recitals enforceable by court?

Hi,
Briefly I'm in process with ex's solicitor sorting out a draft Consent Order for property and CAO.
On the recitals it mentions me moving out of my property until our son is 18 but ex must pay the mortgage.
Now is that enforceable if she does not pay or does that need adding to the "Agreed by Consent Order." section?

Any help would be welcome.

Before you sign the order you really should seek legal advice, you need a solicitor to read it and explain it to you so you fully understand what you are agreeing too and what it will mean for the future.

The recital is the first part of the order and often contains undertakings which is really just a word meaning enforceable promises, the recital is not headed "recital" its just the introduction.

Generally, a recital sets the scene and clarifies background, an undertaking is a promise to the court to do (or not to do) something and an order is something that the court has power to enact.

The ''order'' part is usually numbered and begins "AND THE COURT ORDERS" or something along those lines.

Orders can be enforced but so can undertakings but these have to be approached in a different way.

Hi, thank you for your reply.

So that is my concern that if at any point my ex just decides she's not going to pay the mortgage, as listed in the recitels, that I can't take the matter back to court to enforce it?

You really need to show the draft to a solicitor so they can see the exact wording used and explain things to you. Wikivorce offers a Consent Order Advice Service for £99 - Consent Order Advice Service