Enforcement of Child Maintenance payment decisions after Brexit if the UK leaves without a deal

The European Commission has given guidance to the EU-27 that for proceedings underway in EU Member States on exit day, where the respondent is domiciled in the UK, the jurisdiction rules of the EU Maintenance Regulation will continue to apply.

After Brexit if the UK leaves without a deal

"A maintenance decision made in England and Wales that is to be recognised and enforced in another EU Member State must be recognised and must have a declaration of enforceability (registration for enforcement) before it can be enforced there. It should be accompanied by the documents required under Article 28, subject to the exceptions in Article 29. A maintenance decision made in another EU Member State (except Denmark) that is to be recognised and enforced in England and Wales does not need to be registered for enforcement."

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"Guidance from the European Commission states that a decision from the UK must have been registered (ie a “declaration of enforceability” must have been obtained) in the relevant EU Member State before exit day, for the EU Member State to enforce it under the EU rules. It is not clear whether or not maintenance decisions from the UK which have been recognised in an EU Member State, but have not reached the stage of having obtained a declaration of enforceability under EU rules, will be able to continue to enforcement under the rules of the 2007 Hague Convention, or whether the parties will need to submit a separate declaration under the 2007 Hague Convention after Exit. Parties may wish to consider seeking local legal advice in the relevant EU Member State if possible."

Source:
https://www.gov.uk/government/publications/family-law-disputes-involving-eu-after-brexit-guidance-for-legal-professionals/family-law-disputes-involving-eu-after-brexit-guidance-for-legal-professionals