Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
If a court in England or Wales asks you to give a formal promise to do something, or to stop doing something, that promise is often recorded on Form N117. The form captures what lawyers call an 'undertaking', a binding commitment made to the court itself rather than to the other side in the case.
Because the promise is made to the judge, breaking it is treated as a serious matter and can carry real consequences, including a prison sentence in the most severe cases. This guide walks through what the form is for, who tends to use it, how it fits into civil and family proceedings, and the practical points to think about before you sign.
It is written for people who have been asked to give an undertaking and want to understand what they are agreeing to before they put their name to it.
What this document is
Form N117 is a short court document used in civil proceedings in England and Wales to record the exact wording of an undertaking given by a party. An undertaking is a formal, voluntary promise made directly to the court. Common examples include agreeing not to contact a particular person, not to dispose of an asset, to pay a sum by a set date, or to attend a future hearing.
Once the form is signed and accepted, the promise carries the same weight as a court order. The form itself is straightforward on the surface: it sets out the case details, identifies the party giving the promise, records the terms agreed, and includes a declaration the signer must read and sign.
What sits behind the signature is more significant. A judge will usually want to be satisfied that the person signing understands what they are committing to and the consequences of failing to keep the promise. Undertakings are frequently used as an alternative to a contested injunction, because they can resolve an issue without the court needing to make findings of fact.
How to use this document
Read the proposed wording carefully. Before anything is signed, make sure the exact words of the undertaking match what you are actually willing to commit to. Once given, the wording is what binds you, not any informal discussion beforehand. If something is ambiguous or goes further than you intended, raise it before the form is finalised.
Fill in the case details at the top. Enter the claim number, the names of the claimant and defendant, and the court where the matter is being heard. These details need to match the other documents in the case exactly, so cross-check against the claim form or any previous orders to avoid any mismatch that could cause confusion later.
Set out the terms of your promise. Use the body of the form to record precisely what you are agreeing to do or not do, and for how long. Undertakings that are vague or open-ended tend to cause problems, so dates, names, addresses, and specific actions should be spelled out clearly rather than left to interpretation.
Read the warning and sign the declaration. The form contains a statement confirming you understand that breaking the promise is a contempt of court. Courts often require the person giving the undertaking to sign in front of the judge, so that the judge can see the promise is understood. Do not sign until you are sure.
File the signed form with the court. Once signed, the form is handed to the court so it can be kept on the case file. The court may also provide a sealed copy to the other party. Keep your own copy somewhere safe, because you will need to refer back to the exact wording if any question arises later.
Q What is the difference between an undertaking and a court order?
A court order is imposed by the judge, whereas an undertaking is a promise you volunteer to give. Both are binding, and both can be enforced through contempt proceedings if broken. Practically, undertakings are often used to settle a dispute without the court having to decide the underlying issue, which can save time and avoid contested findings about behaviour.
Q What happens if I break an undertaking?
Breaking an undertaking is treated as a contempt of court. The other party can apply to have the matter brought back before a judge, who can impose penalties including a fine, seizure of assets, or a prison sentence in serious cases. The court will look at whether the breach was deliberate and how significant it was when deciding what action to take.
Q Can an undertaking be changed once it has been given?
Yes, but only with the court's permission. If circumstances change and the promise no longer makes sense or becomes impossible to keep, you can apply to the court to vary or release the undertaking. Both parties will usually need to be notified, and the judge will decide whether the change is appropriate based on the reasons given.
Q Do I need a solicitor to give an undertaking?
You are not required to have a solicitor, but because an undertaking is legally binding and carries serious consequences, getting independent help before signing is sensible. A solicitor, Citizens Advice, or a law centre can talk through the wording with you. The court itself cannot give you guidance on whether the terms are in your interest.
Q Is Form N117 used in family proceedings?
Undertakings are common in family cases, particularly in disputes involving domestic abuse, financial remedies, or children. The specific form used may differ depending on the court and the type of case, but the underlying principle is the same. Family courts take undertakings seriously and can enforce them through contempt powers in the same way as civil courts.
Q How long does an undertaking last?
It depends entirely on the wording. Some undertakings last until a specific date or until a particular event happens, such as a final hearing. Others can continue indefinitely. This is why precise drafting matters: an undertaking with no end date will keep binding you until the court formally discharges it, even if the underlying case has moved on.
Q Can I refuse to give an undertaking?
Yes. An undertaking is voluntary, and you cannot be compelled to give one. However, if you refuse, the court may consider whether to make a formal order against you instead. That means refusing does not necessarily avoid the outcome the other party is seeking, and in some situations an undertaking may be the less damaging option.
Unsure what signing this undertaking means for you?
An undertaking to the court is binding the moment it is signed, and the wording you agree to is what you will be held to later. An experienced legal adviser can talk through what you have been asked to promise, based on what you describe on the call, so you feel clearer before you commit.
✓Plain-English answers to your specific questions about the undertaking
✓A practical perspective on what the wording could mean for your situation
✓Help thinking through what to watch out for before you sign
✓Clarity on your next steps based on what you describe
Personal call · For information only · Independent advisers
Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.