Enforcement in non-EU countries and non-transitional EU cases
Produced in partnership with David Salter of Deputy High Court judge and Recorder
Enforcement in non-EU countries and non-transitional EU cases

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 in non-EU countries and non-transitional EU cases
  • Maintenance Enforcement Business Centres
  • Maintenance Orders (Reciprocal Enforcement) Act 1972, Part I
  • Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993
  • Reciprocal Enforcement of Maintenance Orders (United States of America) Order 2007
  • Maintenance Orders (Facilities for Enforcement) Act 1920
  • Foreign Judgments (Reciprocal Enforcement) Act 1933
  • Administration of Justice Act 1920, Pt II
  • Maintenance Orders (Reciprocal Enforcement) Act 1972, Part II
  • Civil Jurisdiction and Judgments Acts 1982 and 1991
  • More...

Enforcement in non-EU countries and non-transitional EU cases

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: 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: Jurisdiction EU—Impact of Brexit.

The reciprocal arrangements in this Practice Note deal with the position as to:

  1. enforcement outside the EU

  2. enforcement in some individual EU Member States (eg Denmark)

  3. enforcement in EU Member States after 31 December 2020 where transitional arrangements provided for by the Jurisdiction and Judgment (Family) (Amendment etc) (EU Exit) Regulations 2019, SI 2019/519, reg 8(2) (as amended) do not apply, see: Transitional provisions

  4. enforcement in EU Member States where the subject matter is outside the scope of 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)

See also Practice Note: Enforcement with EU Member States.

In all cases, check the statute/convention (and any accompanying statutory instrument)

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