Reciprocal enforcement of maintenance

What is reciprocal enforcement of maintenance orders?
Your Questions Answered

Central Authority Functions

Reciprocal enforcement is an arrangement by international agreement that provides for the recovery of maintenance from someone living abroad. There are a number of international agreements between countries around the world. The main agreements were incorporated into UK law by the Maintenance Orders (Reciprocal Enforcement) Act 1972. The Minister for Justice acts as Central Authority and his functions are supported by the Scottish Government Justice Department Civil Justice & International Division. Staff can offer assistance to applicants and general advice about the steps that should be taken.

If you live in Scotland and wish to obtain maintenance from someone living abroad

If you already have a Scottish court order it may be possible to have this registered and enforced abroad. You should contact the court where the order was made. The court will arrange for the necessary documents to be sent to the Civil Justice & International Division who will then arrange translations, if necessary, and will forward the claim to the foreign Central Authority.

If you do not have an existing court order you may be able to apply to your local sheriff court for a provisional maintenance order or to the foreign country for maintenance arrangements to be made. Your local sheriff court should be able to help you with this and send the completed application form to the Division. Thereafter, the Civil Justice & International Division will forward the claim, and translation if necessary, to the relevant Central Authority. The Division will maintain contact with the Central Authority abroad and the applicant.

If you live outside the UK and wish to obtain maintenance from someone living in Scotland

You may be able to use one of the international agreements to recover maintenance from someone living in Scotland. When the Civil Justice & International Division receives an application it will normally be passed to a firm of solicitors familiar with such cases. Applicants will generally receive legal aid in Scotland if a certificate can be provided by the appropriate authority stating that they would be eligible for legal aid (or equivalent) in the requesting country. A foreign court order can be registered and then enforced in Scotland. Alternatively, arrangements can be made for maintenance payments to be made either through a voluntary arrangement or through a court order made in Scotland.

Further information can be obtained from:

David Berry
Tel No: (+44) 0131 244 4826
E-mail: david.berry@scotland.gov.uk

Marcus Houston
Tel No: (+44) 0131 244 4827
E-mail: marcus.houston@scotland.gov.uk

Scottish Government Justice Department
The Scottish Government Justice Department
Second Floor West
St Andrews House
Regent Road
Edinburgh
EH1 3DG