Form N117: Make a Court Undertaking — What It Means

At a glance

• What Form N117 is: the HM Courts & Tribunals Service form used to record the exact wording of an undertaking — a voluntary, legally binding promise given to a court instead of the court making an order.
• Legal effect: once accepted by the court, an undertaking binds the person who gave it in the same way as an order. Where it was accepted under section 46 of the Family Law Act 1996, the Act says so expressly: the undertaking is "enforceable as if the court had made" the corresponding occupation or non-molestation order (section 46(4)).
• Where the county court's power comes from: section 38 of the County Courts Act 1984 gives a county court the same remedial powers as the High Court in matters within its jurisdiction — the general basis on which county courts accept undertakings in civil proceedings. In family proceedings, section 46 of the Family Law Act 1996 is the specific statutory power.
• Governing procedure for breach: Part 81 of the Civil Procedure Rules, substituted with effect from 1 October 2020. Breach of an undertaking is now dealt with as a "contempt application" — the older term "committal proceedings" no longer appears in the rule.
• Maximum penalty: an order of committal (a fixed prison term), a fine, or confiscation of assets. Because the County Courts (Penalties for Contempt) Act 1983 treats county courts as a superior court for this purpose, the cap on a fixed committal term is 2 years (Contempt of Court Act 1981, section 14(1) and (4A)) — not the 1-month cap that applies to an inferior court.
• Standard of proof: the criminal standard. The court will only find a contempt proved if satisfied beyond reasonable doubt (CPR 81.4(2)(o)).
• Family proceedings: section 46(2) of the Family Law Act 1996 means no power of arrest can ever attach to an undertaking, and section 46(3A) means the court must refuse an undertaking in place of a non-molestation order — and make a full order instead — where the respondent has used or threatened violence and a non-molestation order is needed so a breach becomes a criminal offence under section 42A.

What Form N117 actually is

Form N117 is a short court document used in civil and family 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 rather than to the other side in the case. Common examples include agreeing not to contact a particular person, not to dispose of an asset, to pay a sum by a set date, to vacate a property by a set date, or to attend a future hearing.

The current version of the form (published by HM Courts & Tribunals Service, last updated January 2025) is set out on gov.uk. Gov.uk describes it plainly: a party can give an undertaking to a court on a voluntary basis, instead of the court making an order, and if they fail to comply with it, they face penalties such as a fine, imprisonment, or having their assets seized.

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 the person signing understands what they are committing to and the consequences of failing to keep the promise.

Where the court's power to accept an undertaking comes from

For county court proceedings generally, section 38 of the County Courts Act 1984 is the foundation. It says a county court "shall grant such relief, redress or remedy… as ought to be granted or given in the like case by the High Court and in as full and ample a manner." That general power to grant the same remedies as the High Court — including accepting a voluntary promise in place of an injunction or other order — is what underpins the county court's ability to record an undertaking on Form N117.

For family proceedings specifically, the power is more targeted: section 46 of the Family Law Act 1996 says that in any case where the court has power to make an occupation order or a non-molestation order, it may instead accept an undertaking. See the dedicated section on family proceedings below for the important limits Parliament built into that power.

Undertaking vs a court order — what's actually different

A court order is imposed on you by the judge, sometimes after a contested hearing. An undertaking is a promise you offer instead — the judge accepts it rather than deciding the underlying dispute. Both are binding the moment they take effect, and Civil Procedure Rules 81.4(2)(a) puts breach of either in the same category: "the nature of the alleged contempt (for example, breach of an order or undertaking or contempt in the face of the court)."

The practical difference is usually about process, not consequence. Giving an undertaking can resolve a dispute more quickly, without the court making findings of fact about who was in the wrong — which is one reason undertakings are common where both sides want to avoid the cost and exposure of a contested injunction hearing. But because an undertaking is voluntary, refusing to give one doesn't mean the other side's application goes away — the court can still decide to make an order against you.

What happens if you breach an undertaking — contempt of court

Breach of an undertaking is dealt with under Part 81 of the Civil Procedure Rules. Part 81 was substituted with a shorter, simplified version from 1 October 2020 — 10 rules in place of the previous 38 — and the rules now consistently use the term "contempt application" rather than the older "committal proceedings."

How the application is made. A contempt application in existing High Court or county court proceedings is made under Part 23 in those proceedings (rule 81.3(1)). In the county court it is determined by a Circuit Judge, or a District Judge where a rule or practice direction allows it (rule 81.3(2)).

What the application must set out. Rule 81.4 lists what a contempt application must include. Where the alleged contempt is breach of an undertaking, the application must state the date and terms of the undertaking, and confirm the claimant's belief that the person who gave it understood its terms and the consequences of failing to comply (rule 81.4(2)(f)-(g)). The application must also set out a chronological summary of the facts said to constitute the contempt (rule 81.4(2)(h)).

Safeguards for the person accused of contempt. Because contempt proceedings can end in imprisonment, the rules build in criminal-style protections. The application must confirm that the defendant has the right to legal representation, including a reasonable opportunity to apply for legal aid without a means test; the right to an interpreter if needed; a reasonable time to prepare; the right to give evidence but not be compelled to; and the right to remain silent (rule 81.4(2)(i)-(n)). Crucially, the court will only find the contempt proved if satisfied beyond reasonable doubt — the criminal standard of proof, not the ordinary civil "balance of probabilities" (rule 81.4(2)(o)). An admission of contempt with an apology is likely to reduce the seriousness of any punishment (rule 81.4(2)(q)). Hearings are normally held in public, and the court's findings are made public (rule 81.4(2)(s), rule 81.8).

What the court can do if contempt is proved. Under rule 81.9, the court can impose a fine, order confiscation of assets, or make an order of committal — a period of imprisonment, which can be immediate or suspended. Where a fixed term of committal is imposed, section 14(1) of the Contempt of Court Act 1981 caps it at 2 years for a superior court, or 1 month for an inferior court. The County Courts (Penalties for Contempt) Act 1983 inserted section 14(4A) into the 1981 Act, which says a county court "shall be treated as a superior court" for this purpose — so the 2-year cap applies in the county court too, not the 1-month cap. An order or warrant of committal generally cannot be enforced more than 2 years after it was made, unless the court directs otherwise (rule 81.9(5)). A person committed to prison can apply to have the order discharged (rule 81.10).

How to use Form N117

1. 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.
2. 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.
3. 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 later, so dates, names, addresses, and specific actions should be spelled out clearly rather than left to interpretation.
4. 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 the judge can see the promise is understood. Do not sign until you are sure.
5. 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.

Undertakings in family proceedings

Undertakings recorded on Form N117 come up often in family cases, particularly disputes about non-molestation and occupation of the family home. Section 46 of the Family Law Act 1996 gives the court a specific power to accept an undertaking wherever it has power to make an occupation order or a non-molestation order — and Parliament built in three important limits:

• No power of arrest. Section 46(2) says no power of arrest may ever be attached to an undertaking. A power of arrest can be attached to a non-molestation order, but not to an undertaking given instead of one.
• The court must refuse an undertaking where violence has been used or threatened. Section 46(3A) — inserted by the Domestic Violence, Crime and Victims Act 2004 — says the court shall not accept an undertaking in place of a non-molestation order where it appears the respondent has used or threatened violence against the applicant or a relevant child, and a non-molestation order is necessary so that any breach can be punished under section 42A (which makes breaching a non-molestation order a criminal offence). In that situation the court must make a full order, not accept a promise.
• Same legal force as the order it replaces. Section 46(4) confirms that where an undertaking is accepted, it is "enforceable as if the court had made" the corresponding occupation or non-molestation order. Because an undertaking carries no power of arrest, breaching it is enforced through a Part 81 contempt application (as above) — it does not create the standalone criminal offence that breaching a non-molestation order itself does under section 42A.

Worked example (illustrative, not a real case)

Priya is a party to a county court dispute with a former business partner over the winding-up of a joint venture. Ahead of a hearing on a freezing application, she agrees to give an undertaking on Form N117 promising not to sell, transfer, or otherwise dispose of a specific asset — a company vehicle — until the matter is resolved. She signs the form in front of the judge, who explains that breaking the promise would be contempt of court.

Two months later, Priya sells the vehicle. Her former partner applies to the court under CPR Part 81, setting out the date and terms of the undertaking and confirming his belief that Priya understood what she had agreed to. At the hearing, the court must be satisfied beyond reasonable doubt that Priya breached the undertaking before it can find contempt proved. If it does, it can impose a fine, order that Priya account for the proceeds of sale, or make a committal order — suspended or immediate, up to the 2-year statutory maximum for a county court. Because Priya has no previous findings against her and offers an explanation and an apology, a court might well suspend any committal order rather than send her to prison immediately — but the exposure exists the moment the undertaking is broken, regardless of how the court ultimately exercises its discretion.

What to do if you have been asked to give an undertaking

1. Get the exact wording in writing before you agree to anything. Verbal reassurances from the other side about what an undertaking "really means" are not what you will be held to — only the words on the form matter.
2. Work out whether the promise is realistic. If you are not confident you can keep it — because of timing, cost, or practicality — say so before signing, not after you have already broken it.
3. Get independent advice if the stakes are meaningful. A solicitor, Citizens Advice, or a law centre can help you understand the wording; see our guide to general County Court forms if you are dealing with wider case paperwork alongside the undertaking, or our plain-English glossary of County Court terms if the language itself is the barrier.
4. Understand what happens if you refuse. Refusing to give an undertaking does not automatically avoid the outcome — the court may make the order instead. Weigh the two options rather than assuming refusal is always safer.
5. Keep your copy of the signed N117 and diarise any deadline in it. If the undertaking has an end date or a trigger event, note it clearly so you know when your obligation ends — or when you would need to apply to vary or discharge it.
6. If you are also responding to a claim form or other court paperwork, see our note on acknowledging service of a Part 8 claim (Form N208C) for the wider procedural picture.
7. Take advice early if you think you may already be in breach. The consequences escalate the longer a breach continues, and early legal advice gives you the best chance of resolving it before the other side applies to the court.

This guide provides general information about Form N117 and undertakings given to courts in England and Wales. It is not legal advice and is not a substitute for advice tailored to your specific circumstances. The law described was accurate as at August 2026 and is subject to change — always check GOV.UK and legislation.gov.uk for the most current position.

Last reviewed: August 2026 by a non-practising solicitor · Next review due: August 2027 or on legislative change.