Recovering court-ordered aliment can be difficult enough when both parties remain in Scotland. Where the paying party is living abroad, matters can become significantly more complex, particularly where there is no reciprocal enforcement arrangement in place between Scotland and the country in question.
We have recently succeeded in having a Scottish court order for aliment registered in the United Arab Emirates, with enforcement action then taken there to enforce the order. To the best of our knowledge, this is the first time a Scottish order for aliment has been registered in the UAE and rendered capable of enforcement in that jurisdiction.
Why this result matters
There are reciprocal arrangements with a number of countries which can assist with the enforcement of maintenance orders made in Scotland, including in various European jurisdictions. In those cases, there is often a clearer route to recognition and enforcement.
The position in the UAE is different. There is no equivalent reciprocal arrangement in place with Scotland. As a result, it has traditionally been difficult to pursue a debtor who is living and working there. For many people, that can create uncertainty and leave them questioning whether a Scottish court order has any real value once enforcement needs to take place overseas.
This recent success demonstrates that, even where there is no reciprocal framework in place, enforcement may still be possible with the right advice and approach.
The challenges in cross-border aliment cases
Where the paying party is living abroad, clients often face a number of difficulties, including:
- uncertainty over whether the Scottish order can be recognised in the foreign jurisdiction;
- difficulty identifying the correct legal route for enforcement;
- the need to coordinate matters across different legal systems;
- additional delay, cost and complexity; and
- concern that the absence of a reciprocal arrangement means that recovery is not possible.
These are not straightforward cases and they require careful planning, persistence and a practical understanding of how to move matters forward.
How we can assist
If you are trying to recover court-ordered aliment from someone living abroad, we can assist by:
- reviewing the Scottish court order and advising on the options available;
- considering whether the order may be capable of recognition and enforcement in the relevant country;
- liaising with lawyers in the foreign jurisdiction where necessary;
- coordinating the documentation required to support registration and enforcement;
- advising on strategy, practical next steps and likely timescales; and
- helping you pursue recovery as effectively as possible.
Our recent success in the UAE reflects the value of taking early advice and exploring all available routes, even where the position initially appears difficult.
Do not assume enforcement is impossible
Every case will turn on its own facts, and every country has its own procedures. However, one important point remains the same: the absence of a reciprocal enforcement arrangement does not necessarily mean that nothing can be done.
A Scottish court order for aliment may still be capable of being recognised and enforced abroad. What matters is obtaining the right advice and taking the appropriate steps at an early stage.
Get in touch
If you are experiencing difficulty enforcing a Scottish court order for aliment against someone living abroad, we may be able to help.
Whether the paying party is in the UAE or another jurisdiction, we can advise on the options available and assist you in taking practical steps to pursue recovery. Please get in touch with our family law team to discuss your circumstances.
DISCLAIMER
The content of this page is for information only. It is not intended to be construed as legal advice and should not be treated as a substitute for specific advice. Gibson Kerr Ltd accepts no responsibility for the content of any third party website to which this webpage refers. Gibson Kerr Ltd is regulated by the Law Society of Scotland.