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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Family Law
Satisfied Customers: 1792
Experience:  Dual qualified Solicitor and Attorney
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I have a question to ask need legal advice on something,

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I have a question to ask need legal advice on something
JA: Where are you? It matters because laws vary by location.
Customer: belfast
JA: What steps have you taken so far?
Customer: I have signed an undertaking in a family court
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Customer: replied 6 days ago.
Before attending a hearing in a family court, my barrister convinced me to sign an undertaking as it would close the case and has zero legal implications. After signing it though, upon further research, I realised that it does in fact have legal consequences and this is a promise to the court that I will not "pester" her which apparently means no contact will be allowed, for the rest of my life!!! This was, completely unclear to me, although I clearly asked my barrister several times, where they mentioned that this letter signals the judge that the case is dropped and the applicant has withdrawn the request. That's why I singed it. I cannot accept that I signed a lifetime commitment, while chances of me winning the case in the court was really high. We have no kids, or house together, however, still husband and wife based on the laws of another country, therefore, future conversations will be more than necessary.

Hi thank you for your message, if you wish to renege on the undertaking you will need to appoint a solicitor to apply to court to get the undertaking amended. To do this you can use the Law Society find a solicitor search option here: https://solicitors.lawsociety.org.uk. You can search by town or postcode to find one near you, as well as area of law in this case family law. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 6 days ago.
Thank you Jeremy, however, just to let you know that I already have a solicitor and had more than 7 meetings with them during the past 6 months, and I let them know already that I have accepted this based on the points made by barrister, maintaining that undertaking is NOT legally binding, and it will go no where, and it's an excuse for the judge to consider the case as dropped. That's how I signed it. But upon further research I believe that I have been misinformed and undertakings are indeed legally binding, and any contacts with my partner can risk imprisonment, for ever! whereas if I had attended the court, then even if I would have received a non-molestation order, it would have been for a limited period of time.
Customer: replied 6 days ago.
So now, given the fact that I believe I had strong evidence against my partner's allegations, where chances of receiving a non-mol from the judge was really low for her, I think accepting an undertaking with terms being valid for the rest of my life, was too much an inappropriate. I need to know whether withdrawing it based on the incorrect or misleading information that I had received would be a possibility? Or this might not be a good thing to do? Do you agree that an undertaking where I've signed that I won't "pester" her means that I should make no contacts with her whatsoever?!

Hi thank you for your message, I understand your concerns but ultimately I do not think you can withdraw this undertaking without going through your solicitor they can argue that the undertaking should be withdrawn and it would then be down to the court to decide what to do in that circumstance. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 6 days ago.
Thank you for your response. I will definitely do that through my solicitor, and I knew no other way of doing that, but my question is whether you agree that signing an undertaking where it says no pestering implies that I won’t be able to contact her indefinitely?

Hi thank you for your message, pestering is open to very broad interpretation. It does not necessarily mean no contact because it might be genuine contact that is not pestering but that said, I agree it is so subjective it would be a bad idea to contact her. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

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