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Letter from Court

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1 year 4 months ago #507321 by MysteryB
Letter from Court was created by MysteryB
A friend has received a letter back from the court after sending his consent order off. Does any know what the below means?

The deputy district judge has seen your application and commented as follows:

The order contains undertakings but no signed form of undertakings was given. Order to be amended, re-signed and resubmitted.

His solicitor has reviewed the order and says there is no undertakings on the order. The court has been emailed for further information but this might take a while.

Can anyone advise?

Thank you

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1 year 4 months ago #507330 by .Charles
Replied by .Charles on topic Re:Letter from Court
An undertaking is a promise to do something e.g.

'the respondent undertakes to transfer joint account into the name of the applicant'

However, an undertaking does not necessarily have to use the word 'undertaking' which may be where the confusion arises.

Unfortunately though where a divorce centre is dealing with the application they might be working from a crib sheet with minimal understanding which may lead to erroneous rejections.

It may also be that the court has mixed up paperwork and might be looking at a completely unrelated document. This happens more often than you might think.

If the solicitor is happy with the order and they have written to the court, you need to wait until the response.

Charles

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1 year 4 months ago #507332 by MysteryB
Replied by MysteryB on topic Re:Letter from Court
Thank you for the quick response.

Where they have put \"The order contains undertakings but no signed form of undertakings was given.\"

Could this be that a form should have been sent with the Consent order and this is why they may have sent it back? As they specifically say no signed form of undertakings was given.

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1 year 4 months ago #507352 by .Charles
Replied by .Charles on topic Re:Letter from Court
The person giving the undertaking should sign the form but if there are no undertakings to give, there doesn't need to be a signature.

It sounds as though somebody at the court has got it around their ears.

Charles

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