Explanatory Documentation prepared for Commonwealth Jurisdictions

2310-1857 (online)
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This series of ‘accession kits’ have been prepared by the Commonwealth Secretariat to assist governments in acceding to selected international conventions. The titles cover both private and public international law.
International Conventions Concerning Applications for and Awards of Maintenance

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David McLean
01 Apr 1981
9781848593213 (PDF)
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  • Preface

    This is the fourth in a series of ‘accession kits’ being prepared by the Commonwealth Secretariat to assist governments in acceeding to selected international conventions.

  • Introductory Note

    This paper examines three international conventions concerning applications for and awards of maintenance as between parties living in different countries, and also contains legislative proposals which contain a revised version of the established Commonwealth scheme as to facilities for the enforcement of maintenance orders and provisions for implementing two of the three international conventions.

  • The Hague Enforcement Convention

    The Convention on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations was drafted at the Twelfth Session of The Hague Conference on Private International Law in October 1972 and formally signed on 2 October 1973.

  • The Hague Applicable Law Convention

    In common law countries, a court asked to make a maintenance order, including an order for maintenance made in or in consequence of divorce or similar proceedings, will always apply its own law. It is immaterial that the parties are domiciled or resident abroad or are foreign nationals; provided the court has jurisdiction it will apply the lex fori.

  • The United Nations Convention

    The United Nations Convention on the Recovery Abroad of Maintenance was agreed at a special Diplomatic Conference held in New York in May and June 1956, on the basis of work done under the auspices of Unidroit (the Rome Institute for the Unification of Private Law) and of the Economic and Social Council of the U.N.

  • Accession to the Conventions

    This Convention is now open for accession by any State which is not a Member of the Hague Conference, but Which is (a) a member of the United Nations; or (b) a member of a specialised agency of the United Nations; or (c) a Party to the Statute of the International Court of Justice.

  • Model Legislation

    This Chapter includes two pieces of model legislation. The first is a draft Maintenance Orders (Facilities for Enforcement) Bill. The Bill has three main objects.

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