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David Hodson on International Family Law: The EU Maintenance Regulation and transitional provision

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Date:8 DEC 2011

Click here to pre-order David Hodson's new major reference work The International Family Law Practice.

David HodsonTransitional provisions are invariably the least exciting part of any new legislation. Most practitioners keep fingers tightly crossed that by the time they have to refer to the new legislation events will have moved on and it will be entirely academic. So it would be hoped with the incredibly complex legislation the EU Maintenance Regulation (MR) in force from 18 June 2011 and replacing Brussels I. Unfortunately it would seem that transitional provisions in Art 75 will be with us for very many years to come. This is because it is sometimes quite a few years after a maintenance order has been made that non-payment occurs and enforcement is required. If that enforcement is in another EU country the lawyer for the maintenance creditor needs to know what enforcement procedure is available. The transitional provisions of...

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