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Contracting States of the 1956 UN Convention on the Recovery Abroad of Maintenance

Legal framework

Legal framework for the enforcement of claims under the UN Convention on Maintenance

1956 UN Convention on the Recovery Abroad of Maintenance

As Central Authority, the Federal Office of Justice carries out the tasks of the German “Receiving and Transmitting Authority” in accordance with the United Nations Convention of 20 June 1956 on the Recovery Abroad of Maintenance (UN Maintenance Convention). This applies to 65 Contracting States. However, since the EC Maintenance Regulation and the 2007 Hague Convention came into effect, only those cases are now dealt with under the UN Maintenance Convention, in which the applicant or opponent does not have his/her habitual residence in one of the EU Member States or Contracting States of the 2007 Hague Convention.

List of States

As the Central Authority under the Foreign Maintenance Act, the Federal Office of Justice has the job of supporting persons entitled to maintenance in enforcing their claims. In so doing, it assumes the function of the Receiving and Transmitting Authority.

The UN Convention applies to maintenance obligations that are based on a statutory foundation. Advance maintenance payments in accordance with the Advance Maintenance Payments Act (Unterhaltsvorschussgesetz) or other welfare benefits paid out by a state agency generally cannot be recovered under the UN Convention. Specific conditions apply to recourse in Switzerland.

Read more on "Recourse in Switzerland" (German website)

In terms of the steps involved in the procedure, a distinction is made between incoming and outgoing requests. Incoming requests are those which involve an applicant who has his/her habitual residence outside Germany and therefore the request is received from abroad, while in the case of outgoing requests the applicant has his/her habitual residence in the Federal Republic of Germany and his/her application is sent abroad.

Translation costs

In principle, the costs of the translation of the request and of the documents enclosed therewith are to be paid by the applicant. On request, the Local Court with jurisdiction under Section 7 Subsection 1 Foreign Maintenance Act will exempt the applicant from the duty to reimburse the costs of the translation arranged by the Federal Office of Justice if the applicant fulfils the personal and financial requirements for receiving legal aid which does not need to be paid back, even in instalments, unless the recipient’s financial circumstances change (Section 10 Subsection 3 of the Foreign Maintenance Act).

Transmitting Authority – Outgoing requests

Persons entitled to maintenance whose habitual residence is in the Federal Republic of Germany can assert their maintenance claims for which there is a legal basis (in particular child and spousal maintenance) by submitting a request to the Local Court which has jurisdiction. This is the Local Court with jurisdiction over the seat of the Higher Regional Court in whose district the applicant has his/her habitual residence (Section 7 Foreign Maintenance Act). While the request does not have to be made in any specific format, in practice, bilingual forms are used which contain all the necessary information. It is recommended that these forms be used when making an application. The court checks the request and sends it and the necessary translations to the Federal Office of Justice. If the request is complete, the Federal Office of Justice sends it to the competent authority abroad.

Bilingual forms (German website)

Receiving Authority – Incoming requests

Individuals entitled to maintenance whose habitual residence is in one of the 65 Contracting States can submit a request for maintenance to the Federal Office of Justice via the competent Transmitting Authority in their state of residence. If the request is complete, the Federal Office of Justice takes all appropriate steps to assert or enforce the maintenance claim. Before court proceedings are initiated, the Federal Office of Justice attempts to bring about maintenance payments on a voluntary basis. The Federal Office of Justice as Central Authority is deemed to be authorised in accordance with Section 5 Subsection 4 of the Foreign Maintenance Act to act on behalf of the person entitled to maintenance.

If legal aid is necessary for the recognition, declaration of enforceability and enforcement of maintenance orders, an applicant who has received full or partial legal aid in the state of origin for the contentious proceedings will also be granted legal aid for the proceedings in Germany (Section 23 Foreign Maintenance Act).

Read more on "Cases under the UN Convention"