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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 32885
Experience:  Over twenty-five years experience
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I have given an undertaking several years ago not to return

Resolved Question:

I have given an undertaking several years ago not to return to my property. We then went through several years of ancillary relief hearings after which there was no property adjustment and the property remains in my own name. I have another property I live at now and I don't want to move back but I do want to inspect it every so often and check work completed by builders before paying them and so on, brief visits every few months basically.
I was told that the undertaking was a civil matter so would not be relevant to the police if I decided to just enter my property however I would like to get it all cleared up officially and I've started filling in form fl403 to get the order with the undertaking discharged.
My question is do I need to go through this process and if I just entered the property would it then be up to my ex to take me back to court to enforce the order with the undertaking and can I just in this fl403 say that I withdraw my undertaking and if the court would like to consider the evidence presented at the time it was given then I'd be very happy for them to do that.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Was this a Children Act matter?
What was the actual outcome for your ex?
Clare
Customer: replied 1 year ago.

No children's act.

No housing provision made.

Questions :

1. Do I need to go through this process and if I just entered the property would it then be up to my ex to take me back to court to enforce the order with the undertaking and could I then make my case that I would make anyway in the fl403.

2. Can I just in this fl403 say that I withdraw my undertaking and if the court would like to consider the evidence presented at the time it was given then I'd be very happy for them to do that.

Expert:  Clare replied 1 year ago.
HI
Was this a TOLATA case or a Divorce matter - this is important to the way forward
Clare
Customer: replied 1 year ago.

There was an ancillary relief proceedings so after a divorce but there was no property adjustment made in those proceedings.

Expert:  Clare replied 1 year ago.
Hi
So what was teh actual agreement with regard to the property - what was the outcome of the proceedings
Clare
Customer: replied 1 year ago.

No housing provision made.

Expert:  Clare replied 1 year ago.
Hi
If you want a reply that is realistic and protects you I need to know what the actual outcome of the Ancillary relief proceedings were
Clare
Customer: replied 1 year ago.

I understand but that is the truth, there was no housing provision made for either party.The property continues to be in my sole name. I have spoken with a lawyer before and she told me any issues with the house now would be pure property law and not family law.

Expert:  Clare replied 1 year ago.
HI
Ok
But what DID the order say
Clare
Customer: replied 1 year ago.

It just say's capital claims are left open and there is nominal spousal maintenance and that's it. They wanted me to give undertakings regarding the housing but I declined because they were not willing to close the capital claims so it ended up being a very short order.

Expert:  Clare replied 1 year ago.
Hi
Ok.
Are there any children involved and if so how old are they?
Clare
Customer: replied 1 year ago.

No children.

There is no more information to give you so could you answer the questions or pass this onto a colleague who would be able to.


1. Do I need to go through this process and if I just entered the property would it then be up to my ex to take me back to court to enforce the order with the undertaking and could I then make my case that I would make anyway in the fl403.


2. Can I just in this fl403 say that I withdraw my undertaking and if the court would like to consider the evidence presented at the time it was given then I'd be very happy for them to do that.

Expert:  Thomas Judge replied 1 year ago.
Let me see if I can actually answer the questions as per your request1. If you enter the property then you will be in breach of your undertaking. This is an undertaking to the court and you could be held in contempt of court and the court can send you to prison. It is correct that it would be for your ex to advise the court and bring the matter back to court for breach to be enforced. Whilst technically you can raise the points with the judge as you would in the form FL403 but you will have breached the order. 2. You can make the application to discharge your undertaking. The court would seek a hearing rather than have the matter considered by judicial box work.I hope that this answers your questions. Please rate positively - thanks
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 32885
Experience: Over twenty-five years experience
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