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Maintenance After Divorce in Private International Law

Maintenance After Divorce in Private International Law

Author: Lara Walker
Publisher: Hart Publishing
ISBN: 9781849467179

Published In: March 2015
Format: Hardback , 304 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509915507

List Price: HKD 1,300.00

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Contents
Author

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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.

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

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

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