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Civil Jurisdiction and Judgments Act 1982

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Civil Jurisdiction and Judgments Act 1982, Cross Heading: Article 3 is up to date with all changes known to be in force on or before 28 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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  • Act applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))

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[F1Article 3U.K.Definitions

For the purposes of this Convention—

(a)creditor” means an individual to whom maintenance is owed or is alleged to be owed;

(b)debtor” means an individual who owes or who is alleged to owe maintenance;

(c)legal assistance” means the assistance necessary to enable applicants to know and assert their rights and to ensure that applications are fully and effectively dealt with in the requested State. The means of providing such assistance may include as necessary legal advice, assistance in bringing a case before an authority, legal representation and exemption from costs of proceedings;

(d)agreement in writing” means an agreement recorded in any medium, the information contained in which is accessible so as to be usable for subsequent reference;

(e)maintenance arrangement” means an agreement in writing relating to the payment of maintenance which—

(i)has been formally drawn up or registered as an authentic instrument by a competent authority; or

(ii)has been authenticated by, or concluded, registered or filed with a competent authority, and may be the subject of review and modification by a competent authority;

(f)vulnerable person” means a person who, by reason of an impairment or insufficiency of his or her personal faculties, is not able to support him or herself.]

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