(a) have, or have had since the date of your undertaking, the means to pay the sum; and
(b) have refused or neglected, or are refusing or neglecting, to pay that sum’.
The person giving the undertaking must make a signed statement to the effect that he or she understands the terms of the undertaking being given and the consequences of failure to comply with it, as follows:
‘I understand the undertaking that I have given, and that if I break my promise to the court to pay any sum of money, I may be sent to prison’.
The above notice is contained in Practice Direction 33A, see here:
Thanks Alex. Is it possible to have a 2-way wording so it seems fairer? The consent order has bits where I have to pay my ex (child maint etc). If it was for both parties, that would probably ease her concern.