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court undertakings ahead of seperation

  • sativa
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08 Feb 10 #183869 by sativa
Topic started by sativa
Hi all,

Having been keen to have all court and legal affairs ended in my saga (check my other posts if overly interested) I was enticed into making and agreement and undertakings.

As i understand Agreements are not enforcable by court, whereas undertakings are.

The court paper work states -:

Agreement

Upon Mr abc doing XYZ and
Upon Mrs def doing UVW and
......

Undertakings

Mr abc will 456 and
Mrs def will do 123


I have two basic questions. #

1) If the agreements arent met by one party or the other, what should one do? it seems even though agreed in court, there remains no obligation to actually do what was agreed. How do i pursue this and make it so?

2) Ive made undertakings it transpires i am unable to keep. One was to pay the rent of my spouse, and not live there. The stress and strain of the last 6 months has now rendered me unable to work, and Statutory sick pay isnt covering my undertaken rent for my STBX. Can i have the undertaking changed? should i advise her solicitor that money is too tight to mention? or just let the rent lapse and get sued by the landlord!?

The STBX is claiming to be unfit for work and is an immigrant so cannot claim benefits.

Any advice welcome. again.

Hope well,

S

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