Young Lawyers - Lucy Loizou: The new EU maintenance regulations, does it apply to your clients?

The answer is "yes" and all practitioners need to be aware of it.

The new EU Maintenance Regulation which has replaced Brussels I came into force on 18 June 2011. As the title suggests the Regulation applies across Europe.

What does the Regulation say and what does it cover?

The Regulation covers maintenance although has a wider definition than pure periodical payments. In Europe maintenance has been interpreted as being akin to "needs".

It would therefore cover:

a) Transfers of property for the accommodation needs of one party and

b) A lump sum constituting capitalised maintenance.

So how will this work in practice?

The first to issue principle in Brussels II still applies. This will have a major impact because the Regulation will not only apply to previous Court proceedings for maintenance but also any agreements dealing with maintenance or child support assessments. Moreover any related proceedings should be transferred to the jurisdiction dealing with maintenance dispute.