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Child Maintenance Systems in EU Member States from a Gender Perspective

15-05-2014

Upon request by the FEMM Committee, this note gives an overview of the legislation and legal principles in the Member States concerning the guarantee of payment of child maintenance for the custodial parent by the other parent in case of separation or divorce. This guarantee can be regulated by law and can be put in place by a special body or agency. This note pays particular attention to differences between men and women in their roles for the financial support of children.

Upon request by the FEMM Committee, this note gives an overview of the legislation and legal principles in the Member States concerning the guarantee of payment of child maintenance for the custodial parent by the other parent in case of separation or divorce. This guarantee can be regulated by law and can be put in place by a special body or agency. This note pays particular attention to differences between men and women in their roles for the financial support of children.

Externe Autor

Karolina BEAUMONT and Peter MASON

Mutual recognition of same-sex marriage, of civil partnerships of same-sex and opposite sex couples: current situation in member states. need for eu action?

30-11-2010

This paper focuses upon the UK, common law perspective of mutual recognition of same-sex marriage, of civil partnerships of same-sex and opposite sex couples, covering matters relating to marriage/civil partnership, divorce/dissolution, ancillary relief/financial provision and issues relating to children.

This paper focuses upon the UK, common law perspective of mutual recognition of same-sex marriage, of civil partnerships of same-sex and opposite sex couples, covering matters relating to marriage/civil partnership, divorce/dissolution, ancillary relief/financial provision and issues relating to children.

Externe Autor

Charles Hyde QC, Queen Elizabeth Building Temple, London

The Impact of the Increasing Numbers of Same-Sex Marriages or Legally Recognized Partnerships on Other Legal Domains, Such as Property Rights and Divorce Law

03-09-2007

Many EU Member States have introduced specific provisions on same-sex marriages and registered partnerships that grant to homosexual couples a number of rights that differ according to certain patterns, depending upon the degree of differentiation from opposite-sex couples. While the effect on the personal status, the personal relationship and the property regime within the same-sex couple is often the same as in heterosexual relationships, the rights arising from the relationship between the couple ...

Many EU Member States have introduced specific provisions on same-sex marriages and registered partnerships that grant to homosexual couples a number of rights that differ according to certain patterns, depending upon the degree of differentiation from opposite-sex couples. While the effect on the personal status, the personal relationship and the property regime within the same-sex couple is often the same as in heterosexual relationships, the rights arising from the relationship between the couple and their children (either biological or adopted) vary considerably. The same applies to the dissolution of the marriage or partnership, and the conditions and consequences thereof. States that recognise the validity of same-sex marriages and registered partnerships have adopted special conflicts of laws provisions on jurisdiction and the recognition of decisions and on the law applicable to such relationships in order to grant also to non-nationals the possibility to celebrate a marriage or conclude a registered partnership with a same-sex partner and to reduce the consequences of the non-recognition of such couples abroad.

Externe Autor

Stefania Bariatti (Université de Milan, Italy), Carola Ricci (Université de Milan, Italy) and Laura Tomasi (Université de Milan, Italy)

Maintenance Obligations and What Training for Judges to Deal with Cross Border Issues (especially Focused on the Relationship Between the Community Draft Instruments and the Works Done in the Framework of the Hague Conference on Private International Law)

03-09-2007

The Proposal for a Regulation on maintenance obligations (PRMO) and the Preliminary Draft Hague Convention and Protocol on family maintenance (PDC and PDP) have a different scope, both substantive and personal. Limited interference between the PRMO and the PDC may occur in respect of jurisdiction rules since the latter does not provide rules of direct jurisdiction. The indirect rules of jurisdiction of the PDC will have an impact at the phase of recognition and enforcement of a decision given in ...

The Proposal for a Regulation on maintenance obligations (PRMO) and the Preliminary Draft Hague Convention and Protocol on family maintenance (PDC and PDP) have a different scope, both substantive and personal. Limited interference between the PRMO and the PDC may occur in respect of jurisdiction rules since the latter does not provide rules of direct jurisdiction. The indirect rules of jurisdiction of the PDC will have an impact at the phase of recognition and enforcement of a decision given in a Member State. As concerns the designation of the applicable law, both instruments allow a limited party autonomy and aim at the protection of the maintenance creditor, that usually is the weaker party. Nevertheless, due account is taken of the interest of the debtor. Should the Community and its Member States decide to become parties to the PDP, difficulties may arise in this field in case of inconsistencies between the two sets of rules since both will apply erga omnes. In respect to recognition and the enforcement of judgments some interference between the two systems is possible in particular cases notwithstanding Article 49. It appears that the EC and the Member States will share the external competence to enter into the Hague instruments.

Externe Autor

Stefania Bariatti, Ilaria Viarengo and Lidia Sandrini (Université de Milan, Italie)

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