|
Frequently asked questions
-
What is REMO I Which countries are covered I How much does it cost I How does someone in the UK make a claim against someone abroad I
How does the process work I How much can someone apply for I Does an applicant need a solicitor I How long does it take I
Can I be sure that my claim will be successful I There are no contact details available for the ex-partner. Can he/she be traced I Who will translate documents I How does someone living outside the UK claim against someone in the UK
-
What is REMO?
Reciprocal Enforcement of Maintenance Orders - or 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, or a claim for recovery of maintenance by a UK resident against a person resident in another country can be established in that country.
This is a reciprocal arrangement 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 Maintenance Orders (Reciprocal Enforcement) Act 1972 provides that the Lord Chancellor is the transmitting and receiving agency in England and Wales for maintenance cases where one party lives outside of the UK. The Lord Chancellor delegates his operational responsibilities as the transmitting and receiving agency to the REMO Unit. The REMO Unit is located in the Office of the Official Solicitor and Public Trustee.
-
The UK has arrangements with more than 100 countries and territories that allow a person living in one jurisdiction to claim maintenance from an ex-partner living in the other.
Back to top
Which countries are covered?
More than 100 countries and territories worldwide. The full list is available.
How much does it cost?
Most international maintenance claims in a magistrates' court - when there is no existing UK court maintenance order -are free of charge. Applications to enforce an existing maintenance order abroad through a county court attract a £35 fee.
If UK court proceedings need to be served on your ex-partner in another country, there may be costs associated with this.
-
Back to top
How does someone in the UK make a claim against someone abroad?
If the applicant already has a court order for maintenance obtained when his/her ex-partner still lived in the UK, he/she should go to the court that made the order. The REMO process may be used to attempt to enforce the existing court order in the other jurisdiction.
If the applicant doesn't already have a court order for maintenance (if he/she only has a CSA assessment, for example), he/she should contact their local magistrates' court or family proceedings court about applying for maintenance from the ex-partner living abroad.
Addresses and telephone numbers for the courts are listed in the phone book and on Her Majesty's Courts Service website.
Back to top
How does the process work?
The court will help in preparing the application papers. The court will then send the application to the relevant transmitting and receiving agency. That agency will then forward it to the country where the ex-partner now lives in order to begin the recovery of maintenance.
How much can someone apply for?
The court will look at the applicant's personal circumstances and may decide how much money is needed from their ex-partner. The ex-partner may contest this amount.
-
Back to top
Does an applicant need a solicitor?
No. Applications can be made directly through the court, without using a solicitor.
How long does it take?
The court and the REMO Unit will process your application as quickly as possible. Once your application is sent to the foreign authorities, however, it will be dealt with according to the laws and procedures of that country. The UK has no control over how long that process will take, but the REMO Unit can help in periodically checking on the progress of your case with the foreign authorities, if asked by your court.
-
Back to top
Can I be sure that my claim will be successful?
The success of international maintenance claims is not guaranteed. If there is an existing maintenance order from a UK court, the foreign authorities may be asked to recognise and enforce that order, but the decision whether or not to enforce the order will be taken in the other country. If there is no existing UK maintenance order, your circumstances and those of your ex-partner living abroad will need to be assessed according to the law of the country where he/she lives before any decision can be made. In addition, if the location of the person in the other country is unknown, or if another problem arises, maintenance may not be paid.
Back to top
There are no contact details available for the ex-partner. Can he/she be traced?
As much practical information as possible should be given in the application about where the ex-partner is living, although some countries are successful in using fairly limited details to trace people.
-
Back to top
Who will translate documents?
If any documents need to be translated, the REMO Unit will arrange this at no cost to you.
How does someone living outside the UK claim against someone in the UK?
An applicant living in a non-UK jurisdiction must apply through their own government or legal system.