Maltese Private International Law on maintenance following the EU Maintenance Regulation of 18 June 2011

Abstract

Increasingly complex transnational relationships involving citizens from the European Union are resulting in more cross-border disputes relating to family matters including maintenance obligations both with regard to the adults and to the children involved in the disputes. The jurisdiction of the Maltese courts prior to the adoption of the maintenance Regulation was based on diverse factors which connected the parties involved in the dispute with their nation states. These connecting factors presented various difficulties with regard to their definition and to their application under the relevant applicable laws. This created a conflict of laws which had to be resolved under rules which were recognised by the countries involved in the matter. This process of creating international agreements with regard to the laws governing the recognition and enforcement of maintenance obligations gained relevance as reciprocal trust involving different nationalities accelerated the recovery of maintenance. The European Union developed various legal instruments in this regard and although each improved the situation significantly, deficiencies persisted and subsequently necessitated further legislation. Maltese Private International Law gained considerably from the regulations transposed into Maltese law which augmented local legislation which reflects national realities. The Maintenance Regulation introduced improvements with regard to the connecting factors, the choice of law rules, recognition and enforcement, and reciprocal cooperation between the Central Authorities of the Member States. However, the Regulation also created a two-track approach resulting from the partial abolition of the intermediate measures and producing significant difficulties for the weaker party. This is an area that needs to be addressed by forthcoming European legislation which may also seek to further restrict the evasion of maintenance obligations by debtors, the exploitation of rules through forum shopping and the elimination of undue delays and costs affecting maintenance creditors during maintenance proceedings.