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Reciprocal Enforcement of Maintenance

Reciprocal enforcement of maintenance is an international arrangement that provides for the recovery of maintenance from someone living in one country on behalf of a someone living in another country. These procedures are governed by a number of international agreements. In essence, a party living in one country can only make a claim against party living in another country if both countries have signed up to an international agreement.

Jurisdiction

Jurisdiction to recognise and enforce maintenance claims is based primarily on the place of residence of the maintenance debtor. However in some countries the location of assets can be sufficient to determine jurisdiction, even if the maintenance debtor does not ordinarily reside there.

Procedure

The manner in which a maintenance claim may be operated depends on the internal procedures and legal systems of a reciprocating country. In the United Kingdom there are three distinct legal jurisdictions:- Scotland; England & Wales; and Northern Ireland and under international law each United Kingdom jurisdiction is treated as a separate country with its own distinct legal system. However, international arrangements are dealt with by the United Kingdom government. In the United States of America internal procedures operate under state law but international arrangements are dealt with by the US federal government.