Enforcement with EU Member States
Produced in partnership with David Salter of Deputy High Court judge and Recorder
Enforcement with EU Member States

The following Family practice note produced in partnership with David Salter of Deputy High Court judge and Recorder provides comprehensive and up to date legal information covering:

  • Enforcement with EU Member States
  • Background
  • What is maintenance?
  • Applications
  • Procedure on application for enforcement of maintenance decision in another Member State
  • Outgoing procedure
  • Incoming procedure
  • Central authorities
  • Maintenance Enforcement Business Centres—EU Member States
  • The Protection Measures Regulation

Enforcement with EU Member States

This Practice Note sets out the pre-IP completion day and transitional position in relation to proceedings in England and Wales and EU enforcement, including the definition of maintenance for the purposes of international enforcement in an EU Member State together with the applicable procedure (incoming and outgoing), details of the role of central authorities and the relevant statutory provisions, having regard to the implications of Brexit. It also includes practical guidance on Maintenance Enforcement Business Centres.

11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes took effect across the UK’s legal regime. This has implications for practitioners considering issues of enforcement. For further guidance, see Practice Notes: Brexit and family law, What does IP completion day mean for family law?, Brexit—jurisdiction and family proceedings and Brexit—recognition and enforcement in family proceedings. See also Practice Note: Enforcement in non-EU countries and non-transitional EU cases for guidance on enforcement with EU Member States in proceedings issued post-IP completion day.

Background

Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (the EU Maintenance Regulation) ceased to

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