Application of the 2007 Hague Maintenance Convention post-Brexit: implications for international maintenance obligations

The decision of the UK to exit the European Union (EU) has affected, among others, the law of international maintenance. Prior to Brexit, UK laws on maintenance were largely shaped by Council Regulation (EC) 4/2009 on jurisdiction, applicable law, recognition, and enforcement of decisions and co-operation in matters relating to maintenance obligations and the status of the UK changed to that of a ‘third State’ regarding the implementation and application of EU law. The disapplication of the Maintenance Regulation meant that the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance of 23 November 2007 gained significant importance in the regulation of UK–EU international maintenance obligations. This article aims to address the impact of Brexit and its clear implications on various aspects of private international law: jurisdiction and civil procedure, applicable law, enforcement, and judicial and administrative cooperation.