Q&As

The parties entered into a financial remedy order by consent which included an undertaking by one party to use their best endeavours to secure the other party’s release from the joint mortgage, which they have failed to comply with many years after the order was made. The order did not include an order for sale, can the other party apply to enforce the undertaking and/or seek an order for sale?

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Produced in partnership with David Salter
Published on: 03 January 2025
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A distinction is drawn between the enforcement of an undertaking for the payment of money and an undertaking to do or abstain from doing any act other than payment of money (Family Procedure Rules 2010 (FPR 2010, PD 33A). In the latter case, the aggrieved party may make an application as to contempt. The court may find a party who has failed to comply with a non-financial undertaking in contempt of court. Whether such an order would be made and, if it is, what penalty the court may impose will depend on the precise circumstances of the case, including any delay in bringing the application and the reasons for that delay.

As

David Salter
David Salter

Solicitor (non-practising)

David Salter has enjoyed a varied career in family law with over 45 years’ experience. He served as National Head of Family Law at Addleshaw Goddard and, subsequently, as Joint National Head of Family Law at Mills & Reeve, retiring in 2018.

From 1997-1999, David was Chairman of Resolution, also acting as the first Chairman of Resolution’s Accreditation Committee. He subsequently became President of the International Academy of Family Lawyers from 2010 to 2012, having previously served as the Academy's European Chapter President.

He has sat in various part-time judicial posts since 1985 sitting regularly as a deputy High Court judge and Recorder in the Family Court until March 2022. He now conducts private financial dispute resolution appointments.

David was one of the original members of the Family Procedure Rules Committee which framed the 2010 Rules, serving a ten-year term from 2004 to 2014.

He is a prolific author on a variety of family topics with an acknowledged expertise in relation to pensions on divorce. He is a contributor to the Family Court Practice (The Red Book), Butterworths Family Law Service, Rayden and Jackson, the International Family Law Practice and LexisPSL Family. 

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Jurisdiction(s):
United Kingdom

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