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Obtaining Maintenance from Abroad

 

Annex C.

GLOSSARY

Brussels Convention

this is an agreement drawn up between some European countries providing for the registration and enforcement of court judgments and certain other types of orders

 

European Agreement

this is an agreement entered into by most of the European and Scandinavian countries to assist residents of one country to make an application for legal aid in another country

 

Hague Convention

this is an agreement drawn up between some European countries providing for the registration and enforcement of court maintenance orders

 

Lugano Convention

this is similar to the Brussels Convention

 

Minute of Agreement

this is an agreement entered into by two or more people, usually drawn up before a solicitor. This can be an effective way to settle matters without the need to go to court. A Minute of Agreement can be enforced in the same way as a court order

 

Notarised

this is when statements (affidavits) made by you are authenticated when you sign them under oath in front of a notary public or other qualified person (such as a solicitor)

 

Provisional order

this is an order for maintenance made in the court based only on evidence given by one party. The provisional court order and a transcript or summary of the evidence given would be sent to the foreign court to allow the other party to present their evidence. That court would make a ruling based on both sets of evidence

 

Reciprocal enforcement

this is an arrangement in which participating countries agree to recognise and enforce each other's court maintenance orders. If there is no existing court order certain countries will allow a claimant to make an application to the foreign court to make a claim for maintenance

 

United Nations Convention

this is an agreement drawn up between various countries providing a means to recover maintenance from a person living in one of those countries. This is usually used where there is no existing court order and is normally made by way of submitting completed application forms to the foreign country

 

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