Facing a family law dispute can be overwhelming—especially when legal terms start to sound like another language. One term you may encounter is “undertaking.” But what exactly does it mean, and why does it matter in your case?
At Barli Law LLC, we’re here to simplify complex legal concepts, so you can move forward with clarity and confidence. Let’s take a closer look at what an undertaking means in family law and how it may impact your legal matter.
Understanding the Legal Definition of an Undertaking
In simple terms, an undertaking is a legally binding promise—usually made voluntarily—to the court. While it’s not a court order, it carries serious legal consequences if not followed.
Think of it as a personal guarantee given to the court, often through an attorney. When you give an undertaking, you’re committing to do (or not do) something. And if you break that promise, the court can treat it just like a breach of a formal order.
Common Examples of Undertakings in Family Law
Undertakings are used frequently in New Jersey family law cases, especially when parties are working to resolve disputes outside of lengthy court battles. You might encounter an undertaking in situations such as:
- Parenting time arrangements (e.g., promising not to interfere with visitation)
- Financial agreements (e.g., agreeing not to sell shared assets)
- Domestic disputes (e.g., committing to no contact or staying away from a specific location)
- Property matters (e.g., maintaining mortgage payments until settlement)
These promises are often made in writing and are taken very seriously by the court.
When and Why Undertakings Are Used
Undertakings are typically used during the negotiation or interim stages of a case. They can:
- Show a willingness to cooperate
- Help avoid the need for court-imposed orders
- Offer quicker resolutions during sensitive situations
For example, if a spouse agrees not to remove the children from the state while custody is being determined, they may give an undertaking rather than waiting for a formal order.
Breaking an Undertaking: What Happens Next?
Failing to honor an undertaking can lead to serious legal consequences, including:
- Being held in contempt of court
- Fines or even potential jail time in extreme cases
- A loss of credibility in your case
Even though undertakings are voluntary, once given, they have the same legal weight as a court order. That’s why it’s critical to understand what you’re agreeing to—and to never take these commitments lightly.
How to Give (or Receive) an Undertaking
If your case involves an undertaking, your attorney will typically:
- Draft the language clearly and specifically
- Ensure both parties understand the terms
- Submit the undertaking to the court (or keep it on record between attorneys)
Never agree to an undertaking without first seeking legal advice. What seems simple on the surface may have lasting legal implications.
Undertaking vs. Court Order: What’s the Difference?
While both carry legal consequences, there are key differences:
| Undertaking | Court Order |
| Voluntarily given | Ordered by a judge |
| Can be faster and less formal | Requires a hearing and ruling |
| Still legally enforceable | Legally binding with potential penalties |
Each has its place in family law. Sometimes, an undertaking offers a more flexible and amicable solution. Other times, a court order is necessary for protection or enforcement.
Need Guidance with Family Law in New Jersey? We’re Here to Help.
Navigating family law matters requires more than just knowing the terms—it takes trusted legal guidance to make the right decisions for your future.
At Barli Law LLC, we combine compassion with legal excellence to help you understand every step of the process. Whether you’re dealing with a custody dispute, financial settlement, or complex divorce, we’re committed to protecting your rights with tailored legal strategies.
Contact us today to schedule a consultation. Let’s work together to protect your peace of mind and move forward with confidence.
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