International enforcement — overviewGeneral principles

If seeking to enforce a financial order abroad, considerations include:

• whether the order is one within that regime, as not all types of orders are enforceable under every applicable statute/convention

• the location of the assets and the parties

• obtaining advice of a foreign lawyer

• whether help can be obtained from the REMO unit at the Official Solicitor and Public Trustee office (the authority in England and Wales for transmitting and receiving applications for maintenance enforcement if one of the parties lives outside the UK)

• what the likely costs are of making the claim and the potential realisable assets

• whether an order made in the other country would be more favourable; if so consider a procedure that allows transmission

• what effect transmission abroad will have on ability to vary

• some countries belong to more than one regime

Reciprocal agreement

The UK has reciprocal agreements with over 100 countries and territories, but those not falling within that list include China, Japan and those in the Middle East. Some countries may fall within more than one set of provisions and the choice of enforcement may depend on the type of order being enforced or the location of the parties or assets.

Enforcement in the EU

The relevant provisions are:

Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993

This applies the Maintenance Orders (Reciprocal Enforcement) Act 1972 (MO(RE)A 1972), Pt I to Hague Convention countries with modifications to the Act as it applies to certain countries, providing a system of registration and enforcement. It does not cover lump sum orders.

Reciprocal Enforcement of Maintenance Orders (Republic of Ireland) Order 1993

This applies MO(RE)A 1972, Pt I with adaptations to the Republic of Ireland.

Brussels I EC Regulation 44/2001

Brussels I was enacted into English law by the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982) and was converted into Council Regulation (EC) No 44/2001, which came into force on 1 March 2002. CJJA 1991 also brought into effect the provisions of the Lugano Convention, which extends Brussels I to members of the European Free Trade Association that are not members of the EU, ie Switzerland, Norway and Iceland. Brussels I covers recognition of civil judgments and applies to all EU member states including Denmark, which entered into a parallel agreement with the EU on 1 July 2007. Maintenance orders fall within the scope of the regulation but rights in property arising out of a matrimonial relationship are excluded. The definition of maintenance has been held to include a lump sum order and a property adjustment order, provided that it was for the purpose of maintenance rather than achieving a division of property. Brussels I covers child maintenance under the Children Act 1989, Sch 1. A judgment given in a member state shall be recognised in the other member states without any special procedure being required. A judgment given in a member state enforceable in that state shall be enforced in another member state when, on the application of any interested party, it has been declared enforceable there.

European Enforcement Order (EEO)

The EEO Regulation (EC) No 805/2004/EC has applied to uncontested judgments, agreements and authentic instruments made since 21 October 2005 and with some retrospective effect to judgments given, court settlements approved or concluded, and documents formally drawn up or registered as authentic instruments after 21 January 2004. It will not apply to rights in property arising out of a matrimonial relationship and its application will be limited to uncontested maintenance orders. This is only likely to apply where there is a consent order. The order has to be certified as an EEO by the member state of origin but once certified will be enforced in other member states as if it were a judgment of their own courts.

Maintenance Orders (Reciprocal Enforcement) Act 1972 (MO(RE)A 1972), Pt II

This applies to signatories to the United Nations Convention on the Recovery Abroad of Maintenance 1956 and provides for the making of a maintenance order in one country where the process has begun in another. It applies to some EU countries as well as non-EU countries.

Additional provisions

There are additional provisions for enforcing orders made in the UK in another part of the UK.

Enforcement non-EU

The main provisions are :

MO(RE)A 1972, Pt II

See above.

Reciprocal Enforcement of Maintenance Orders (United States) Order 1995

This applies to most US states in relation to maintenance orders.

Maintenance Orders (Facilities for Enforcement) Act 1920

This applies to dependent countries or territories. It enables enforcement of maintenance orders only. There is a split hearing and jurisdiction depends on the residence of the parties.

Maintenance Orders (Reciprocal Enforcement) Act 1972, Pt I

This applies to a wide range of countries but there are modifications for some. It applies to maintenance orders including lump sums for maintenance. Jurisdiction depends on the residence of either party or the presence of the asset. The court has power to vary a maintenance order.

Foreign Judgments (Reciprocal Enforcement) Act 1920 (FJ(RE)A )1972

This applies mainly to Commonwealth countries, as well as a few European countries, and relates to final lump sum orders.

Administration of Justice Act 1920

This applies to Commonwealth countries not covered by FJ(RE)A1972 and relates to money judgments.

Enforcement of periodical payments

For maintenance enforced by reciprocal agreement, see Reciprocal agreements above. Where no reciprocal agreement exists with a country, eg Russia, whether a UK order can be enforced there is a matter for the law of that country.