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David Hodson on International Family Law: Domestic regulations for the new EU Maintenance Regulation

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Date:20 JUN 2011

David HodsonThe EU Maintenance Regulation came into force on Saturday 18 of June 2011. Only five days earlier Monday 13 June 2011 the domestic regulations for its impact on domestic law was laid before Parliament. On any basis very short notice. On any basis the EU Regulation has required substantial changes to many pieces of primary and secondary legislation. It has been a complicated statutory instrument to draft.

It is the Civil Jurisdiction and Judgements (Maintenance) Regulations 2011 No 1484. Before turning to these new domestic regulations a brief background to the EU Maintenance Regulation (4/2009).

This has replaced Brussels I. It covers what is known as maintenance although this has a much wider definition than pure periodical payments; spousal or child. Maintenance has been interpreted by the European Court of Justice as akin to "needs". It would therefore cover transfers of real property for the accommodation needs of one...

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