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The ties that bind

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02 December 2011 / Amy Taylor
Issue: 7492 / Categories: Features , EU , Family
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Amy Taylor predicts the effect of the EC Maintenance Regulation on the courts in England & Wales

Council Regulation (EC) No 4/2009, (the Maintenance Regulation) came into force in June, replacing Brussels I. The Maintenance Regulation has been implemented in England and Wales through the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (SI 2011/1484).

The basic premise behind the Maintenance Regulation is simple: to do away with the necessity for any formalities in respect of the enforcement of decisions regarding maintenance within the EU, thereby making it both easier and cheaper for a maintenance creditor to enforce an award within EU member states. The simplicity of this concept is, however, belied by the finer details of the Maintenance Regulation and the (potentially dramatic) impact it could have upon financial proceedings involving EU member states.

Defining maintenance

Perhaps the first point which needs to be addressed when considering the Maintenance Regulation is the definition of maintenance itself. Unfortunately, no definition is provided in the body of the legislation. It is therefore necessary

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