Maintenance After Divorce in Private International Law
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Conflict of Laws › Family Law

Maintenance After Divorce in Private International Law

By Lara Walker
Hart Publishing March 2015

Specifications

ISBN-13
9781849467179
Publisher
Hart Publishing
Publication
March 2015
Format
Hardback , 304 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

No one would dispute that the duty to provide for those that you have a legal and moral obligation to support is very important. With the movement and migration of people both within Europe and globally there are more and more families and relations who live in different states. Therefore it is imperative that suitable and workable methods exist to create maintenance obligations and then secure the transfer of funds, particularly from abroad. In this book the provisions in EU Maintenance Regulation no 4/2009 and the Hague Maintenance Convention of 2007 are analysed in order to discover what developments and therefore potential improvements have been made in relation to the recovery of maintenance from abroad. It also includes an empirical study on the first year of operation of the Maintenance Regulation. Data collected has been analysed in order to supplement the critique of the instruments. The information and analysis is used to suggest suitable solutions for the future which include, amendments to the Regulation and recommendations for best practice.

Table of Contents

1. Introduction
I. Introduction
II. Aim and Structure
III. Methodology
IV. Approach: Pragmatism
V. 'Maintenance' as a Concept
VI. Conclusion

2. History of the Recovery of Maintenance from Abroad
I. Introduction
II. First Steps-A Regime for the UK and His Majesty's Dominions
III. The First International Regime
IV. The Regime Established by the Hague Conference
V. Recovery of Maintenance in Europe
VI. The Initial Impact of the Regulation
VII. Conclusion

3. Scope: Maintenance Regulation
I. Introduction
II. Relationships the Regulation Applies to
III. Characterisation
IV. Conclusion

4. Scope: The 2007 Hague Convention
I. Introduction
II. Child Support
III. Spousal Support
IV. Other Forms of Maintenance
V. Conclusion

5. Jurisdiction
I. Introduction
II. Jurisdiction in EU Family Law
III. General Grounds of Jurisdiction
IV. Lack of Coherence and Possible Solutions
V. Choice of Court
VI. Jurisdiction Based on the Appearance of the Defendant
VII. Subsidiary Jurisdiction and Forum Necessitatis-No Room for National Law
VIII. Limits on Bringing Proceedings
IX. Conclusion

6. Hague Protocol on Applicable Law
I. Introduction
II. Scope
III. Law Applicable
A. General Rule
B. Special Rules
C. Choice of Applicable Law
IV Other Provisions
A. Public Policy and Determining the Amount of Maintenance
B. Exclusion of Renvoi
V. Conclusion

7. Recognition and Enforcement: Regulation
I. Introduction
II. The Procedures in the Maintenance Regulation
III. Non-Protocol States
IV. The Abolition of Exequatur
V. Possible Issues with the Abolition of Exequatur in EU Regulations
VI. The Implications of the Hague Protocol and other Methods of Mitigating the Effect of the Abolition of Exequatur in Maintenance Proceedings
A. The Hague Protocol
B. Articles 19 and 21
VII. Are the Separate Procedures Understood in Practice?
VIII. Suitable Alternative Arrangements
IX. Conclusion

8. Recognition and Enforcement: Convention
I. Introduction
II. Scope
III. Jurisdiction
A. Habitual Residence of the Respondent and the Creditor
B. Habitual Residence of the Child
C. Party Autonomy
D. Personal Status
IV. Grounds for Refusal
A. Ex Officio Review
B. Review by the Defendant
C. Summary
V. Procedure for Recognition and Enforcement
VI. Alternative Procedure for Recognition and Enforcement
VII. Conclusion

9. Actual Enforcement
I. Introduction
II. Convention
III. Common Provisions on Central Authorities
A. The Ongoing Enforcement of Maintenance Obligations
B. Collect and Transfer Payments
C. Provisional Measures
IV. Enforcement in Europe
A. The Procedure
B. Practice So Far
V. Case Law of the ECtHR on Enforcement
VI. Information Technology: iSupport
VII. Conclusion

10. Administrative Cooperation
I. Introduction
II. Designation of Central Authorities
III. General Functions
IV. Specific Functions
V. Legal Assistance
VI. Locate One of the Parties
VII. Information on Income and Other Financial Circumstances, Including the Location of Assets
VIII. Encourage Amicable Solutions
IX. Ongoing Enforcement
X. Collection and Expeditious Transfer
XI. Obtaining of Documentary or Other Evidence
XII. Parentage
XIII. Provisional Measures that have the Purpose of Securing the Outcome of a Pending Maintenance Application
XIV. Service
XV. Practical Application of Selected Provisions
A. Requests for Specific Measures
B. Meeting the Time Requirements
XVI. Potential Future Developments: Designing Suitable Minimum Standards
XVII. Conclusion

11. Conclusion
I. Scope and Characterisation
II. EU Solutions
III. International Solutions
IV. Overall Comments
V. Final Remarks

About the Author

Lara Walker is a Lecturer in Law at the University of Sussex.

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