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Enforcement of overseas maintenance orders can be a minefield as there are a lot of aspects that need to be considered before a correct application is made.

 

What is a Reciprocal Enforcement of Maintenance Order (REMO)?

REMO refers to an agreement between different countries aiding the recovery of child maintenance from either a parent living outside the UK, or for a parent living abroad to recover the maintenance from the parent who does reside in the UK.

If the original order was made in a jurisdiction where the applicant resides, the matter can be resolved via the country’s central authority under the Reciprocal Enforcement of Maintenance Orders (REMO). However, this route is not always available.

 

Enforcement of orders pre-Brexit

If the enforcement relates to an order made in respect of overseas proceedings instituted in the EU before 31st December 2020, this can be enforced directly via the English courts. The creditor must obtain the judgment and the standard certificate from the court that issued the judgment and serve these on the debtor. Subsequent proceedings will be issued in the High Court.

 

Enforcement of orders post-Brexit

If the overseas proceedings were initiated on or after 1st January 2021 in the EU, or relate to a non-EU country, enforcement will typically involve registering the foreign judgement in the English court, and the proceedings can be brought under the Administration of Justice Act 1920 and Foreign Judgements (Reciprocal Enforcement) Act 1933 or the Hague Convention. Such orders must be final, conclusive and for a specific amount of money.

It’s advisable to seek legal advice to ensure proper procedure and compliance with English law. Please contact Rose & Rose HPLP for more information.

 

Talk To Our Specialists

Our family law solicitors can provide guidance and support in navigating the complexities of overseas divorces and the recovery of child maintenance. It is always important and highly advisable to seek professional legal advice. Talk to our specialist Family Law team, led by Zubair Dharamsi. You can call Zubair on 0208 972 8820, or email him at zd@roselegal.co.uk

 

This blog post is not intended to be taken as advice or acted upon. If you are seeking legal advice, please contact our team of solicitors.

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