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There are a number of schemes in operation that offer various options to pursue a claim for maintenance, depending on the country involved. Arrangements are made under Parts I and II of the Maintenance Orders (Reciprocal Enforcement) Act 1972 and broadly speaking these arrangements fall into the following categories (see chapter 6 for a list of countries to which these arrangements apply):
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Part I of the 1972 Act The 1972 Act was the first UK legislation which provided for reciprocal enforcement of maintenance. Part I of the Act covers the registration and enforcement of maintenance orders (whether final or provisional) between here and Commonwealth or former Commonwealth countries (such as Australia, Canada, Gibraltar, Hong Kong, New Zealand, South Africa and so on). Also in this category is the Isle of Man. These countries are commonly known as 'Part I countries' |
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Hague Convention countries, Republic of Ireland and USA The Convention on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations concluded at The Hague, 1973, is commonly known as the Hague Convention and provides for the registration and enforcement of maintenance orders between the UK and some European countries. Part I of the 1972 Act was modified to operate the Hague Convention. Further changes were made to include the Republic of Ireland and a number of states in the USA. (States that do not accept court orders for enforcement under Part I might accept applications under Part II of the 1972 Act.) |
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Part II of the 1972 Act United Nations Convention countries Part II of the 1972 Act provides for the sending of applications for the recovery of maintenance between countries that have signed the United Nations Convention on the Recovery Abroad of Maintenance concluded in New York, 1956. These countries are commonly known as 'Part II countries' United States of America The USA is not a party to the United Nations Convention, but modified provisions of Part II of the 1972 Act apply to some states of the USA. (States that do not accept applications under Part II might accept court orders for enforcement under Part I of the 1972 Act.) |
Under the above procedures Courts Group provides a link between the person claiming and the foreign authority while the claim is processed.
There is a further option under the Civil Jurisdiction and Judgments Act 1982 (see chapter 6 for a list of countries to which this option applies).
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Civil Jurisdiction and Judgments Act 1982 The Brussels and Lugano Conventions The Civil Jurisdiction and Judgments Act 1982 brought into force the 1968 Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters. This convention, drawn up between the United Kingdom and some European countries, provides not only for the registration and enforcement of orders, but also other types of judgments or agreements not covered by the 1972 Act. The 1982 Act was amended in 1991 to incorporate a further agreement, the Lugano Convention. |
If you want to pursue your claim using this method you should ask a solicitor
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