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International Recovery of Maintenance (Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance 2007) (EU Exit) Regulations 2018

Regulations to ensure that, after Brexit, UK may apply 2007 Hague Convention

These regulations were laid on 9 October 2018.

They were made under the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(e)) arising from the withdrawal of the United Kingdom from the European Union. In particular, they are intended to ensure that the UK is ready, after EU Exit, to apply the 2007 Hague Convention on the international recovery of maintenance.

The Regulations make amendments to legislation in the field of private international law, relating to the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, done at The Hague on 23 November 2007 ("the 2007 Hague Convention"). The UK has applied the 2007 Hague Convention since 1 August 2014 by virtue of the EU's conclusion of that Convention, and thus it will cease to apply to the UK on exit day.

These Regulations retain the directly effective rights and obligations etc derived from the 2007 Hague Convention in domestic law in the UK, both in relation to maintenance obligations and requests for maintenance that will lose the benefit of the Convention upon exit day, and in relation to maintenance obligations and requests for maintenance to which the 2007 Hague Convention will once again apply when the UK ratifies that convention in its own right.

For a draft of the regulations, click here.

11/10/18