Reciprocal enforcement of Maintenance Orders

Reciprocal Enforcement of Maintenance Orders (REMO) is the process by which maintenance orders made by UK courts on behalf of UK residents can be registered and enforced by courts or other authorities in other countries against people resident there.

Reciprocal arrangement

A reciprocal arrangement is governed by international conventions, which means that foreign maintenance orders in favour of individuals abroad can likewise be registered and enforced by UK courts against UK residents.

The precise nature of reciprocity available between the UK and another jurisdiction depends on the convention or agreement to which the other country is a signatory.

How to apply

A UK resident who wishes to apply to obtain maintenance from a person overseas should approach:

• their local magistrates' court (or county court where the order was made) if they have an existing court order for maintenance
• their local magistrates' court if there is no existing order

They may apply for their order to be enforced in the country where the payer resides. Procedures also exist to enable an applicant to ask the foreign authorities to create an order for maintenance on their behalf.

There is no need for the applicant to engage a solicitor. Court staff will help the applicant and will forward the application to the relevant authority.

The authority will check that the application is in order and send it to the foreign authority or court for registration and enforcement against the person living there.

The role of the REMO Section in Northern Ireland

The Northern Ireland Court Service handles REMO applications between Northern Ireland and foreign jurisdictions.

Enforcement

The application abroad will be enforced according to the laws that prevail in the foreign country. The UK authorities have no power to compel foreign courts or authorities to enforce maintenance orders, or to set a timescale for enforcement, as the system is based on mutual agreement.

Every effort is made however, to encourage foreign agencies to abide by their countries' international obligations.

UK legislation

The Maintenance Orders (Reciprocal Enforcement) Act 1972 is the primary legislation under which the REMO process operates in the UK. There have also been several Statutory Instruments since 1972 to adjust the precise arrangements between the UK and other countries, or to allow additional jurisdictions to be considered reciprocating countries.

Conventions and other Agreements

The UK is a signatory to several international conventions on maintenance obligations, such as:

• the 1956 United Nations Convention on the Recovery Abroad of Maintenance
• the 1968 Brussels Convention on Jurisdiction and the Enforcement of Judgements in Civil and Commercial Matters
• the 1973 Hague Convention on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations

In addition, the UK has agreements for maintenance enforcement with most members of the Commonwealth, with the Republic of Ireland, and with most of the United States of America.

List of REMO reciprocating countries

Algeria

Anguilla

Antigua and Barbuda

Austria

Australia

Barbados

Beddze

Belgium

Bermuda

Bosnia and Herzegovina

Botswana

Brazil

Brunei

Burkina Faso

Canada (not Quebec)

Cape Verde

Cayman Islands

Central African Republic

Chile

Croatia

Cyprus

Czech Republic

Denmark

Dominica

Falkland Islands

Fiji

Finland

France

Gambia

Germany

Ghana

Gibraltar

Greece

Grenada

Guatemala

Guernsey

Guyana

Haiti

Hong Kong

Hungary

Iceland

India

Ireland

Isle of Man

Israel

Italy

Jamaica

Jersey

Kenya

Kiribati

Lesotho

Luxembourg

Macedonia

Malawi

Malaysia

Malta

Mauritius

Mexico

Monaco

Montserrat

Morocco

Nauru

Netherlands

New Zealand

Nigera

Nigeria

Norfolk Island

Norway

Pakistan

Papua New Guinea

Philippines

Poland

Portugal

Romania

St. Helena

St. Kitts and Nevis

St. Lucia

St. Vincent

Seychelles

Sierra Leone

Singapore

Slovakia

Slovenia

Solomon Islands

South Africa

Spain

Sri Lanka

Surinam

Swaziland

Sweden

Switzerland

Tanzania

Trinidad and Tobago

Tunisia

Turkey

Turks and Caicos Island

Tuvalu

United States (excluding Alabama, Mississippi, South Carolina and District of Columbia)

Uruguay

Virgin Islands

Zambia

Zimbabwe