Recouvrement de la pension alimentaire d'une personne à l'étranger : ce que vous devez savoir

La procédure de recouvrement de la pension alimentaire auprès de personnes à l'étranger a certaines règles. Découvrez-en plus sur la procédure de dépôt de demandes, les cas particuliers et les options d'action en l'absence de décision judiciaire. Ainsi que des nuances importantes d'interaction avec les autorités compétentes d'autres pays

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In cases where the alimony debtor resides or receives income abroad, the enforcer has the right to apply to the competent authorities of the relevant state for the recognition and enforcement of a Ukrainian court decision on the recovery of alimony. The procedure is governed by international treaties to which Ukraine is a party.

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International legal mechanisms

Ukraine is a party to a number of international treaties that provide for the recovery of alimony abroad, in particular

• Convention on the Recovery of Maintenance Abroad (1956);

• Convention on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations (1973);

• Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (2007).

In addition, Ukraine has entered into a number of bilateral agreements on legal assistance in civil matters, which provide for mutual recognition of court decisions. This makes it possible to simplify the procedure for collecting alimony in countries with which there are relevant agreements.

The procedure for filing a petition

In order to file a petition for the recognition and enforcement of a Ukrainian court judgment abroad, it is necessary to obtain the relevant documents from a Ukrainian court, in particular

• a certified copy of the court decision;

• a certificate of its entry into force;

• a certificate of enforcement of the judgment in Ukraine;

• confirmation that the debtor was duly informed of the proceedings.

The documents are translated into the language of the state to which the petition is filed. The petition may be filed directly with the competent authority of a foreign state or through the Ministry of Justice of Ukraine. It is important to take into account the specifics of the procedural law of a particular country, as some states may require additional documents or notarization.

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What to do in the absence of a court decision on the recovery of alimony

If a court decision on the recovery of alimony has not yet been issued, the plaintiff has the right to apply to a Ukrainian court if his or her place of residence is in Ukraine.

According to the Law of Ukraine “On Private International Law”, the jurisdiction of the case may be determined by the place of residence of the plaintiff or the defendant. In cases where both parties are domiciled in Ukraine, jurisdiction is exclusive to Ukrainian courts.

The Civil Procedure Code of Ukraine also provides that alimony claims may be filed at the plaintiff's place of residence. This makes it possible to initiate litigation even when the defendant is abroad.

After a Ukrainian court decision is rendered, the plaintiff may apply to the competent authorities of a foreign state for the recognition and enforcement of this decision.

If there are no grounds for consideration of the case in Ukraine, the plaintiff may file an application directly to the court of the state where the debtor resides. However, local laws and procedures should be taken into account, as they may differ from Ukrainian regulations.

Special cases

In the absence of an international treaty between Ukraine and the debtor's country of residence, the issue of recognition of a judgment is resolved in accordance with the laws of that country. This applies, in particular, to Russia, with which legal agreements on the enforcement of judgments have been terminated. In such cases, it is possible to file an application directly with a foreign court or use the services of a lawyer.

If alimony has not been ordered, the applicant may apply to the court of the state in which the debtor resides. However, before doing so, it is worth getting advice on the laws of that country, as the rules of jurisdiction may differ significantly.

Costs and legal assistance

The process of recognizing and enforcing a court judgment may involve expenses for translation of documents, legal advice and court fees. In some countries, it is possible to obtain free legal assistance under international agreements or through special organizations that provide support to persons seeking alimony.

In addition, in complex cases, it is worth contacting lawyers or family law attorneys to avoid possible difficulties and delays in the process of collecting alimony.

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