Civil Jurisdiction and Judgments Act 1982

[F1 CHAPTER VI U.K. ENFORCEMENT BY THE STATE ADDRESSED

Textual Amendments

F1 Sch. 3G inserted (31.12.2020) by Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 4 (with s. 3(1), Sch. 5 para. 8)

Article 32 U.K. Enforcement under internal law

(1) Subject to the provisions of this Chapter, enforcement shall take place in accordance with the law of the State addressed.

(2) Enforcement shall be prompt.

(3) In the case of applications through Central Authorities, where a decision has been declared enforceable or registered for enforcement under Chapter V, enforcement shall proceed without the need for further action by the applicant.

(4) Effect shall be given to any rules applicable in the State of origin of the decision relating to the duration of the maintenance obligation.

(5) Any limitation on the period for which arrears may be enforced shall be determined either by the law of the State of origin of the decision or by the law of the State addressed, whichever provides for the longer limitation period.

Article 33 U.K. Non-discrimination

The State addressed shall provide at least the same range of enforcement methods for cases under the Convention as are available in domestic cases.

Article 34 U.K. Enforcement measures

(1) Contracting States shall make available in internal law effective measures to enforce decisions under this Convention.

(2) Such measures may include—

(a) wage withholding;

(b) garnishment from bank accounts and other sources;

(c) deductions from social security payments;

(d) lien on or forced sale of property;

(e) tax refund withholding;

(f) withholding or attachment of pension benefits;

(g) credit bureau reporting;

(h) denial, suspension or revocation of various licenses (for example, driving licenses);

(i) the use of mediation, conciliation or similar processes to bring about voluntary compliance.

Article 35 U.K. Transfer of funds

(1) Contracting States are encouraged to promote, including by means of international agreements, the use of the most cost-effective and efficient methods available to transfer funds payable as maintenance.

(2) A Contracting State, under whose law the transfer of funds is restricted, shall accord the highest priority to the transfer of funds payable under this Convention.]