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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Court Undertakings

  • hervinder
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11 Aug 12 #348759 by hervinder
Topic started by hervinder
Following the breakdown of my marriage recently, my wife took out an injunction based on false allegations which stopped me from contacting her or my children. This was subsequently changed to court undertakings.

My question is what i can do to have these undertakings removed?

  • soulruler
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11 Aug 12 #348779 by soulruler
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When undertakings are made during financial proceedings they finish once the finances have been settled.

I am assuming that you successfully defended the attempt to obtain an injunction is that correct?

  • Fiona
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11 Aug 12 #348781 by Fiona
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If you applied to court for contact the court will investigate and you can be released from an undertaking so that you can see your children at least.

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11 Aug 12 #348783 by sillywoman
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In order for there to have been an Undertaking, both parties must have agreed to it.

An Undertaking is a promise to the Court and if it is broken you can potentially be imprisoned unless you have good reason for breaking it.

Extremely unusual for you to be not allowed to contact your kids and why on earth did you agree that?

There should be a time-limit on the Undertaking and if it is not too long away, maybe you could wait until then?


How long is the Undertaking for?

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12 Aug 12 #349071 by hervinder
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Without going into too much detail, my wife took all our savings, got an injunction without my knowledge and it was served on me completely unexpected.

As i had no money i had no means to fight the false allegations made against me. She wanted occupancy of the house and it was agreed that if i gave her occupancy the we will change the injunction to undertakings and i will be given supervised contact with the children for two hours a week in a public place of her choice.

If i try to call to arrange where we''re going to meet for the contact she claims harrassment which leaves me in a no win situation and then sends a letter to my solicitor threatening me with arrest. She even claimed harrassment once when i waved at the children whilst driving past the house, i hadnt seen them for 4 weeks and she expected me to drive past and ignore them.

I have now applied to the court for a contact order which i''ve had to pay for with borrowed money. I''m just waiting on a CAFCASS report which wiill hopefully be good.

But i want to be released from these undertakings and i wanted to know how i can go about doing it.

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12 Aug 12 #349083 by sillywoman
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What is the end date for the Undertaking?

  • hervinder
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12 Aug 12 #349085 by hervinder
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Apologies

The injunction still stands and the court will hopefully agree to have these changed to undertakings this week. I''m told because both parties have agreed to these undertakings there is no reason why the court should''nt agree to them

Once the court has agreed to these undertakings i will probably be told how long they stand

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