If a client has the benefit of an order for spousal maintenance or of a lump sum, transfer of property or pension sharing order, and the payee under the order or the asset or assets in question is in another jurisdiction and the order is not complied with, there may be a need for international enforcement.
In relation to the reciprocal enforcement of maintenance orders (“REMO”) members of chambers have experience of enforcement under the EU Maintenance Regulation when the states concerned are EU member states. Unless the Brexit transition period is extended, the Maintenance Regulation will apply only until 31st December 2020. Members of the Finance Group will be able to provide up to date advice on the developing legal situation.
In relation to orders other than maintenance orders, enforcement may be possible under the Civil Jurisdiction and Judgments Acts 1992 and 1991.
Members of the Finance Group also have experience in relation to obtaining freezing orders over assets not within this jurisdiction.
Members of all levels of the Finance Group are happy to be instructed to advise and represent clients in all the above areas.