Convention on the recognition and enforcement of decisions relating to maintenance obligations

Andorra

06-04-2011

In accordance with the first paragraph of Article 34 of the Convention, the principality of Andorra reserves the right not to recognise or enforce the decisions and the settlements described in paragraph 1 of Article 26.

Australia

20-10-2000

The government of Australia, pursuant to subparagraph 2 of the first paragraph of Article 26, hereby reserves the right not to recognise or enforce decisions or settlements in respect of maintenance obligations (a) between persons related collaterally and (b) between persons related by affinity.
The government of Australia further declares, pursuant to Article 32, that the Convention will extend to all the territories for the international relations of which Australia is responsible.

Czech Republic

01-01-1993

The Czech Republic maintains the reservation made by Czechoslovakia.

Czechoslovakia (<01-01-1993)

06-02-1975

The Socialist Republic of Czechoslovakia, referring to the Convention on the recognition and enforcement of decisions relating to maintenance obligations, concluded at The Hague on 2 October 1973, reserves the right in accordance with Article 34 of that Convention not to recognise or enforce the decisions and settlements relating to the maintenance obligations described in Article 26, para 2 (a) and (b), since Czechoslovak Law does not recognise maintenance obligations between the persons mentioned therein.
At the same time, the Socialist Republic of Czechoslovakia wishes to state, in connection with Article 32 of the Convention according to all States the right to declare that the Convention shall be applicable to all territories for the international relations of which it is responsible, that keeping certain countries in a state of dependence is in its opinion contrary to the spirit and objectives of the United Nations Declaration of 14 December 1960 on the granting of independence to colonial countries and peoples, which declares the necessity for a speedy and unconditional end to colonialism in all its forms.

Denmark

07-10-1987

With reservations provided for in Article 26, numbers 1 and 2, under a and b.

Estonia

17-12-1996

[...] the Estonian Riigikogu while acceding to the said Convention made a reservation in accordance with Article 34 not to recognize and enforce the decisions or settlements of paragraphs 2 and 3 of Article 26.

Finland

28-05-1980

Subject to reservation provided for in Article 34 and Article 26, numbers 1 and 2.

Germany

28-01-1987

The Federal Republic of Germany declares pursuant to sub-paragraph 2 of Article 26 of the Convention that it will not recognize or enforce a decision or settlement in respect of maintenance obligations
a) between persons related collaterally and
b) between persons related by affinity.
Notwithstanding this reservation, the Federal Republic of Germany will proceed as follows in accordance with its internal law:
It will also recognize and enforce in conformity with the provisions of the Convention any decisions and settlement from another Contracting State in respect of maintenance obligations between persons related collaterally and between persons related by affinity; however, it will refuse recognition and enforcement of such decisions at the request of the maintenance debtor if there is no maintenance obligation under the internal law of the State of which the debtor and the creditor are nationals or, in the absence of a common nationality, under the law applicable at the habitual residence of the debtor.
The Federal Republic of Germany also declares pursuant to Article 25 of the Convention that the provisions of the Convention will be extended, in relation to other States making a declaration under this Article, to an official deed ("acte authentique") drawn up by or before an authority or public official and directly enforceable in the State of origin insofar as these provisions can be applied to such deeds.

Greece

13-11-2003

Signature subject to the reservation entered pursuant to article 26.
Reservations to article 26 of the Convention:
Greece reserves the right not to recognise or enforce decisions or settlements in respect of maintenance obligations:
a) between persons related collateraly (except for brothers and sisters), or
b) between persons related by affinity.

Italy

02-10-1981

In accordance with Article 34 of the Convention on the recognition and enforcement of decisions relating to maintenance obligations, the Italian Republic reserves the right not to recognise or enforce a decision or settlement unless it provides for the periodical payment of maintenance, provided for in Article 26, paragraph 3, except a decision or settlement providing for a single payment of the sum owed upon the dissolution of the marriage, as governed by the final sentence of Article 5, paragraph 4 of the law of 1 December 1970, No. 898.

Lithuania

05-06-2002

1. The Republic of Lithuania reserves the right not to recognize or enforce a decision or settlement insofar as it relates to a period of time after a maintenance creditor attains the age of twenty-one years or marries, except when the creditor is or was the spouse of the maintenance debtor (subparagraph 1 of Article 26 of the Convention);
2. The Republic of Lithuania reserves the right not to recognize or enforce a decision or a settlement in respect of maintenance obligations between persons related collaterally (subparagraph 2 (a) of Article 26 of the Convention);
3. The Republic of Lithuania reserves the right not to recognize or enforce a decision or settlement in respect of maintenance obligations between persons related by affinity (subparagraph 2 (b) of Article 26 of the Convention).

Luxembourg

19-03-1981

In accordance with Article 34 of the Convention the Grand Duchy of Luxembourg reserves the right not to recognise or enforce
- a decision or settlement in respect of maintenance obligations
a) between persons related collaterally
b) between persons related by affinity;
- a decision or settlement unless it provides for the periodical payment of maintenance.

Netherlands, the Kingdom of the

12-12-1980

In application of Article 34 in connection with Article 26 of the Convention the Kingdom makes the reservation that the Convention shall not be applied to decisions or settlements in respect of maintenance obligations between persons related collaterally.
[...] the provisions of the Convention are extended, in relation to other States making the same declarations to an official deed drawn up by or before an authority or public official and directly enforceable in the State of origin insofar as these provisions can be applied to such deeds.

18-10-2010

The Kingdom of the Netherlands consisted of three parts: the Netherlands, the Netherlands Antilles and Aruba. The Netherlands Antilles consisted of the islands of Curaçao, Sint Maarten, Bonaire, Sint Eustatius and Saba.
With effect from 10 October 2010, the Netherlands Antilles ceased to exist as a part of the Kingdom of the Netherlands. Since that date, the Kingdom consists of four parts: the Netherlands, Aruba, Curaçao and Sint Maarten. Curaçao and Sint Maarten enjoy internal self-government within the Kingdom, as Aruba and, up to 10 October 2010, the Netherlands Antilles do.
These changes constitute a modification of the internal constitutional relations within the Kingdom of the Netherlands. The Kingdom of the Netherlands will accordingly remain the subject of international law with which agreements are concluded. The modification of the structure of the Kingdom will therefore not affect the validity of the international agreements ratified by the Kingdom for the Netherlands Antilles. These agreements, including any reservations made, will continue to apply to Curaçao and Sint Maarten.
The other islands that have formed part of the Netherlands Antilles - Bonaire, Sint Eustatius and Saba - became part of the Netherlands, thus constituting 'the Caribbean part of the Netherlands'. The agreements that applied to the Netherlands Antilles will also continue to apply to these islands; however, the Government of the Netherlands will now be responsible for implementing these agreements.

25-07-2012

The reservation and declaration [of 12 December 1980] are confirmed for Curaçao, Sint Maarten and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba).
The reservation and declaration remain valid for the European part of the Netherlands and Aruba.

Norway

13-07-1976

With the reservation provided for in Article 26, paragraph 1, sub 2.

12-04-1978

In conformity with Article 34, the Government of Norway reserves the right provided for in Article 26, paragraph 1 No 2 not to recognise or enforce decisions and settlements relating to maintenance obligations between persons related collatorally and between persons related by affinity.

Poland

14-02-1995

Reservation referred to in Article 26(3) of the Convention on the recognition and enforcement of decisions relating to maintenance obligations, concluded on October 2nd, 1973.
The Republic of Poland, in accordance with Article 34, reserves the right not to recognize or enforce a decision or settlement unless it provides for a periodical payment of maintenance.
One of the principles of the Polish law concerning maintenance obligations is a periodical current provision of means of subsistence.

29-04-2021

The Republic of Poland takes note of the Declarations submitted by Ukraine on 16 October 2015 regarding the application of the Convention on civil procedure (1954), the Convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters (1965), the Convention on the taking of evidence abroad in civil or commercial matters (1970), the Convention on the recognition and enforcement of decisions relating to maintenance obligations (1973), the Convention on the civil aspects of international child abduction (1980) and the Convention on jurisdiction, applicable law, recognition, enforcement and co-operation in respect of parental responsibility and measures for the protection of children (1996) and of the Declarations submitted by the Russian Federation on 19 July 2016 in relation to the Declarations made by Ukraine.
In relation to the Declarations made by the Russian Federation, the Republic of Poland declares, in accordance with the duty of non-recognition as lawful a situation created by a serious breach by State of an obligation arising under a peremptory norm of general international law and in line with the conclusions of the European Council of 20/21 March 2014, that it does not recognize the illegal referendum in Crimea and the illegal annexation of the Autonomous Republic of Crimea and the city of Sevastopol to the Russian Federation.
As regards the territorial scope of the above Conventions, the Republic of Poland therefore considers that the Conventions in principle continue to apply to the Autonomous Republic of Crimea and the city of Sevastopol as part of the territory of Ukraine.
The Republic of Poland further notes the Declarations by Ukraine that the Autonomous Republic of Crimea and the city of Sevastopol as well as certain districts of the Donetsk and Luhansk oblasts of Ukraine are temporarily not under the control of Ukraine and that the application and implementation by Ukraine of its obligations under the Conventions is limited and not guaranteed in relation to this part of Ukraine's territory, and that only the government of Ukraine will determine the procedure for relevant communication.
As a consequence of the above, the Republic of Poland declares that it will not engage in any direct communication or interaction with authorities in the Autonomous Republic of Crimea and the city of Sevastopol as well as in certain districts of the Donetsk and Luhansk oblasts of Ukraine and will not accept any documents or requests emanating from such authorities or through the authorities of the Russian Federation, but will only engage with the central authorities of Ukraine for the purposes of the application and implementation of the conventions.

Portugal

04-12-1975

In accordance with Article 34, first paragraph of the Convention Portugal reserves the right not to recognise or enforce the decisions and settlements mentioned in Article 26, paragraph 1 and 2 (b).

Slovakia

01-01-1993

Slovakia maintains the reservations made by Czechoslovakia.

Sweden

17-02-1977

In conformity with Article 34 of this Convention Sweden reserves the right not to recognise or enforce the decisions and settlements described in Article 26, numbers 1 and 2.
The provisions of the Convention will be extended, in relation to other States making a declaration under this Article to an official deed ("acte authentique") drawn up by or before un authority or public official and directly enforceable in the State of origin insofar as these provisions can be applied to such deeds.

Switzerland

18-05-1976

In conformity with Article 34, Switzerland reserves the right provided for in Article 26, paragraph 1, number 2, a en b., not to recognise or enforce the decisions and settlements relating to maintenance obligations between persons related collaterally and between persons related by affinity.

29-03-1993

This reservation was withdrawn on 29 March 1993. It will cease to have effect on 1 June 1993.

Türkiye

23-08-1983

Pursuant to article 34 of the Convention, the Republic of Turkey reserves the right provided for in article 26, paragraphs 2 and 3 not to recognise or enforce decisions or settlements in respect of maintenance obligations between persons related collaterally or by affinity, or decisions or settlements that do not provide for the periodical payment of maintenance.

Ukraine

03-04-2007

In accordance with Article 25 of the Convention Ukraine declares that it shall extend the provisions of this Convention over official documents determined by the Convention to the extent that the provisions of the Convention can be applied to such documents.
In accordance with Article 26 of the Convention Ukraine shall reserve the right not to recognise or not to implement decisions or agreements concerning obligations on keeping among persons who are non-direct relatives and among persons who are relatives on the part of the husband or wife, except cases in which the appropriate obligations on keeping would exist in accordance with the national legislation of Ukraine.

16-10-2015

In February 2014 the Russian Federation launched armed aggression against Ukraine and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol, and today exercises effective control over certain districts of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation of the Charter of the United Nations and constitute a threat to international peace and security. The Russian Federation, as the Aggressor State and Occupying Power, bears full responsibility for its actions and their consequences under international law.
The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed the sovereignty and territorial integrity of Ukraine within its internationally recognized borders. The United Nations also called upon all States, international organizations and specialized agencies not to recognize any alteration of the status of the Autonomous Republic of Crimea and the city of Sevastopol.
In this regard, Ukraine states that from 20 February 2014 and for the period of temporary occupation by the Russian Federation of a part of the territory of Ukraine - the Autonomous Republic of Crimea and the city of Sevastopol – as a result of the armed aggression of the Russian Federation committed against the Ukraine and until the complete restoration of the constitutional law and order and effective control by Ukraine over such occupied territory, as well as over certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine as a result of the aggression of the Russian Federation, the application and implementation by Ukraine of the obligations under the above Conventions, as applied to the aforementioned occupied and uncontrolled territory of Ukraine, is limited and is not guaranteed.
Documents or requests made or issued by the occupying authorities of the Russian Federation, its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine, are null and void and have no legal effect regardless of whether they are presented directly or indirectly through the authorities of the Russian Federation.
The provisions of the Conventions regarding the possibility of direct communication or interaction do not apply to the territorial organs of Ukraine in the Autonomous Republic of Crimea and the city of Sevastopol, as well as in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine. The procedure of the relevant communication is determined by the central authorities of Ukraine in Kyiv.

09-03-2022

In view of the ongoing aggression of the Russian Federation against Ukraine, Ukraine hereby informs the Depositary […] of the inability to guarantee the fulfilment by the Ukrainian side of obligations [under the above Convention] to the full extent for the period of the armed aggression of the Russian Federation and the martial law in place in the territory of Ukraine until complete termination of the encroachment upon the sovereignty, territorial integrity and inviolability of Ukraine.

01-12-2023

[The aforementioned treaty is] implemented on the territory of Ukraine in full, with the exception of the territories where hostilities are (were) conducted or temporarily occupied by the Russian Federation, on which it is impossible to fully guarantee the Ukrainian Party's fulfillment of its obligations under [this treaty] as a result of the armed aggression of the Russian Federation against Ukraine, as well as the introduction of martial law on the territory of Ukraine until the complete cessation of encroachment on the sovereignty, territorial integrity and inviolability of the borders of Ukraine.
The regularly updated list of territories where hostilities are (were) conducted, or temporarily occupied by the Russian Federation is at the link below:
https://zakon.rada.gov.ua/laws/show/z1668-22#Text

United Kingdom

21-12-1979

[...] (a) reserves the right provided for in Article 26(2) not to recognise or enforce a decision or settlement in respect of maintenance obligations between persons related collaterally and between persons related by affinity unless that decision or settlement requires the maintenance debtor to make payments to a person who is a child of the family (for the purposes of the law of England and Wales and Northern Ireland) or who is a child of the maintenance creditor who has been accepted as a child of the family by the maintenance debtor (for the purposes of the law of Scotland).
(b) reserves the right provided for in Article 26(3) not to recognise or enforce a decision or settlement unless it provides for the periodical payment of maintenance.
[...] and under the declaration with reference to Article 33 that the Convention shall extend to all the territorial units of the United Kingdom: England and Wales, Northern Ireland, Scotland.

05-01-1984

In accordance with the second paragraph of Article 34, the United Kingdom, acting in respect of the Isle of Man:
(i) reserves the right provided for in paragraph 2 of Article 26 not to recognise or enforce a decision or settlement in respect of maintenance obligations between persons related collaterally and between persons related by affinity unless that decision or settlement requires the maintenance debtor to make payments to a person who is a child of the family; and
(ii) reserves the right provided for in paragraph 3 of Article 26 not to recognise or enforce a decision or settlement unless it provides for the periodical payment of maintenance.