Foreign Maintenance Act
| Basic data | |
|---|---|
| Title: | Law for the assertion of maintenance claims in dealings with foreign countries |
| Short title: | Foreign Maintenance Act |
| Abbreviation: | AUG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Intergovernmental legal assistance , procedural law , family law |
| References : | 319-114 |
| Original version from: | December 19, 1986 ( BGBl. I p. 2563 ) |
| Entry into force on: | January 1, 1987 |
| Last revision from: | May 23, 2011 ( BGBl. I p. 898 ) |
| Entry into force of the new version on: |
June 18, 2011 (Art. 20 G of May 23, 2011) |
| Last change by: |
Art. 23 G of November 20, 2019 ( Federal Law Gazette I p. 1724, 1741 ) |
| Effective date of the last change: |
November 26, 2019 (Art. 29 G of November 20, 2019) |
| GESTA : | C044 |
| Please note the note on the applicable legal version. | |
The Foreign Maintenance Act (AUG) serves, among other things, to enforce maintenance claims against those liable for maintenance in other countries.
For this purpose, the Federal Office of Justice acts as the central authority (prior to its establishment, the Federal Office of Administration was responsible ). This Central Authority oversees proceedings with foreign states with which no international agreements but reciprocity have been agreed. This mainly applies to the USA , Canada and the Republic of South Africa .
Central Authority
target
The aim of the Foreign Maintenance Act is to facilitate the prosecution and enforcement of maintenance claims abroad if international treaties or international agreements do not exist, but reciprocity has been declared with the state concerned. Reciprocity is currently agreed with 48 American states, 11 Canadian provinces and territories and the Republic of South Africa. In principle, according to the Foreign Maintenance Act, there is the possibility of asserting maintenance claims from relatives and from marriage. In practice, however, in relation to most states in the USA and most of the provinces and territories of Canada, this is mainly limited to the assertion of child support . Sometimes it is possible to claim spousal maintenance at the same time as child maintenance .
task
The task of the Federal Office of Justice (BfJ), as the central authority under the Foreign Maintenance Act of 1986, is to support those entitled to maintenance in enforcing their claims and acts as a receiving and transmitting agency . According to Section 2 (1) AUG, the Central Authority is granted the power to correspond directly with the competent authorities abroad.
The procedure distinguishes between outgoing and incoming applications.
Outgoing requests
Entitled dependents who have their habitual residence in the Federal Republic of Germany can assert their maintenance claims based on a legal basis (in particular child and spouse maintenance) by submitting an application to the relevant local court.
On the one hand, an initial title can be applied for abroad in order to obtain a judicial claim to obtain maintenance. Furthermore, a decision that has already been issued can also be recognized and enforced abroad.
After the court has successfully checked the prospect of success, it sends the application to the Federal Office of Justice with a certificate of success and the required translations in four copies. The Central Authority forwards this to the competent authority abroad and supports the correspondence between the applicants and the foreign contact points.
Incoming requests
Dependent persons whose habitual residence is in a country with which reciprocity is guaranteed can submit a maintenance request to the central authority via the central authority responsible for them in their country of residence.
If the application is complete, it will take all appropriate steps to enforce the maintenance claim. However, before legal proceedings are initiated, the Central Authority tries to obtain a voluntary maintenance payment. According to Section 8 (2) AUG, the Central Authority is deemed to be authorized to act on behalf of the maintenance creditor.
If legal proceedings become necessary, the dependent will be granted legal aid in accordance with Section 9 AUG , without the latter having to prove that they are in need. In the event of failure in the process, however, the costs incurred by the opponent - in practical terms essentially the costs of the opposing attorney - must be reimbursed ( Section 123 ZPO ).
Notes on asserting claims under the AUG
The application for assertion of a claim under the Foreign Maintenance Act takes place at the local court at the respective habitual residence of the person entitled to maintenance ( Sections 3 and 4 AUG).
- The district court
- accepts the already drafted application or
- accepts the request for a ministerial judge to write it down,
- carries out a preliminary check of the application for completeness and completeness of the required annexes,
- issues a judicial certificate of success if the requirements are met,
- sends the documents to the Central Authority AUG and
- conducts the correspondence between the Central Authority AUG and the applicant.
The following are to be sent:
- the original application,
- the annexes to the application in the original, copy or certified copy,
- if applicable, the judicial certificate of success in the original,
- the certified translations of the documents 1, 2, and 3 made by a sworn translator in the original,
- three certified copies of each of the documents relating to 1., 2., 3. and 4.
The documents listed under no. 5 must therefore be sent in four copies.
Necessary and appropriate attachments to an application:
- Affidavit by the applicant or his legal representative with regard to the correctness of all details of his application, unless this assurance is already included in the application,
- Proof of authorization to represent for the application (e.g. power of attorney, decision on custody, certificate of effective appointment of a guardian or guardian),
- Specified maintenance arrears calculation with a special affidavit,
- recommendation
- It is recommended that the amount be converted into the foreign currency, stating the current exchange rate .
- other relevant documents, such as E.g .: maintenance decision, divorce decree, paternity certificate.
- Translation costs and legal aid
The translation of the application and the annexes as well as the production of the required number of certified copies to be sent must either be arranged by the applicant, who may claim social assistance funds for the costs incurred, or the judicial authority via the exemption provision of Section 12 AUG.
The social and judicial administration authorities of the individual federal states that have previously been involved in a procedure under the Foreign Maintenance Act have solved this cost problem in different ways. The Central Authority has no influence on this procedure, which is subject to state sovereignty.
Future legal situation
Legal transactions in maintenance proceedings with a foreign element are currently in a state of upheaval. The legal basis, as well as the procedure, will change shortly. The Council of the European Union has created Regulation (EC) No. 4/2009 (Maintenance Regulation) to simplify intra-European legal transactions and with regard to the legitimate interests of the maintenance beneficiaries.
In order to achieve these goals, the ordinance required comprehensive regulations in the areas of mutual legal assistance, jurisdiction rules and also regulations for the simplified obtaining of legal aid. The greatest simplification for applicants is the abolition of the exequatur procedure in almost all executing Member States. This means that a decision given in the Member State of origin can be enforced directly and without initiating further proceedings.
Another concern of the legislature was to make the current legal situation clearer. Therefore, the Maintenance Regulation contains competition norms that restrict or completely exclude the validity of various directives, ordinances and agreements.
The Maintenance Regulation obliges the member states to create a comprehensive network of Central Authorities to assist the maintenance beneficiaries. A new task for the Central Authorities is that they can also process certain applications from the debtors.
In Germany, the task of the central authority lies with the Federal Office of Justice. According to the Maintenance Ordinance, the central authorities are authorized to request the personal data of the person liable for maintenance from other authorities and institutions. The prerequisite, however, is that the debtor tries to evade his or her maintenance obligation.
The Maintenance Regulation comes into force on June 18, 2011. At the same time, the new Foreign Maintenance Act necessary for its implementation will come into force. The German legislator has made it its goal to achieve a simplification of the national legal situation with regard to foreign maintenance. The aim is to create a uniform legal basis for maintenance cases with a foreign element.
The future will show to what extent the legal situation for proceedings with states that are not members of the European Union will change. The new Hague Maintenance Convention was created back in 2007, but has not yet been ratified by any state.
List of contracting states of the AUG
Announcements on the establishment of reciprocity in accordance with Section 1 (2) of the Foreign Maintenance Act
| country | Announcement BGB I or II | Date of formal determination | Others |
|---|---|---|---|
| United States of America | |||
| Alabama , AL | not yet a mutual state | ||
| Alaska , AK | I, 1988 p. 1041 | 07/01/1988 | |
| Arizona , AZ | I, 1988 p. 1784 | 09/27/1988 | |
| Arkansas , AR | I, 1988 p. 1784 | 09/27/1988 | |
| California , CA | II, 1987 p. 420 | 07/20/1987 | |
| Colorado , CO | I, 1992 p. 1585 | 08/14/1992 limited to child support |
|
| Connecticut , CT | II, 1987 p. 420 | 07/20/1987 | |
| Delaware , DE | I, 1992 p. 991 | 05/11/1992 | |
| District of Columbia , DC | not yet a mutual state | ||
| Florida , FL | I, 1988 p. 1041 | 07/01/1988 | |
| Georgia , GA | I, 1987 p. 2381 | 04/11/1987 | |
| Hawaii , HI | I, 1988 p. 1784 | 09/27/1988 | |
| Idaho , ID | I, 1987 p. 2381 | 04/11/1987 | |
| Illinois , IL | I, 1987 p. 2381 | 04/11/1987 | |
| Indiana , IN | I, 1993 p. 43 | 12/16/1992 | |
| Iowa , IA | I, 1993 p. 928 | 04/13/1993 Child support |
|
| Kansas , KS | I, 1993 p. 928 | 04/13/1993 | |
| Kentucky , KY | I, 1991 p. 1789 | 07/23/1991 | |
| Louisiana , LA | I, 1988 p. 1784 | 09/27/1988 | |
| Maine , ME | I, 1997 p. 155 | 07/01/1997 | |
| Maryland , MD | I, 1987 p. 2381 | 04/11/1987 | |
| Massachusetts , MA | I, 1991 p. 2000 | 07.10.1991 | |
| Michigan , MI | I, 1988 p. 1784 | 09/27/1988 | |
| Minnesota , MN | I, 1991 p. 2000 | 07.10.1991 | |
| Mississippi , MS | not yet a mutual state | ||
| Missouri , MO | I, 1993 p. 928 | 04/13/1993 | |
| Montana , MT | II, 1987 p. 420 | 07/20/1987 | |
| Nebraska , NE | I, 1996 p. 1733 | 10/28/1996 | |
| Nevada , NV | I, 1989 p. 1924 | 10/17/1989 | |
| New Hampshire , NH | I, 1996 p. 476 | 02/21/1996 limited to child support |
|
| New Jersey , NJ | I, 1988 p. 351 | 03/14/1988 | |
| New Mexico | I, 1989 p. 372 | 02/24/1989 | |
| New York , NY | I, 1991 p. 285 | 01/28/1991 | |
| North Carolina , NC | II, 1987 p. 420 | 07/20/1987 | |
| North Dakota , ND | II, 1987 p. 420 | 07/20/1987 | |
| Ohio , OH | I, 1989 p. 1924 | 10/17/1989 | |
| Oklahoma , OK | I, 1988 p. 1784 | 09/27/1988 | |
| Oregon , OR | II, 1987 p. 420 | 07/20/1987 | |
| Pennsylvania , PA | I, 1989 p. 372 | 02/24/1989 | |
| Rhode Island , RI | I, 1990 p. 472 | 07.03.1990 | |
| South Carolina , SC | I, 2003 p. 364 | 02/25/2003 limited to child support |
|
| South Dakota , SD | I, 1987 p. 2381 | 04/11/1987 | |
| Tennessee , TN | I, 1987 p. 2381 | 04/11/1987 | |
| Texas , TX | I, 1988 p. 1784 | 09/27/1988 | |
| Utah , UT | I, 1993 p. 928 | 04/13/1993 | |
| Vermont , VT | I, 1989 p. 372 | 02/24/1989 | |
| Virginia , VA | I, 1992 p. 1585 I, 1993 p. 43 | 08/14/1992 16.12.1992 |
|
| Washington , WA | I, 1988 p. 351 | 04/14/1988 | |
| West Virginia , WV | I, 1988 p. 351 | 03/14/1988 | |
| Wisconsin , WI | I, 1989 p. 372 I, 1992 p. 991 | 02/24/1989 May 11, 1992 |
|
| Wyoming , WY | I, 1988 p. 1041 | 07/01/1988 | |
| Canada | |||
| Alberta | I, 1995 p. 25 | December 8, 1994 | |
| British Columbia | I, 1989 p. 372 | 02/24/1989 | |
| Manitoba , MB | II, 1987 p. 420 | 07/20/1987 | |
| New Brunswick | I, 1988 p. 1784 | 09/27/1988 | |
| Newfoundland and Labrador | I, 1989 p. 372 | 02/24/1989 | |
| Northwest Territories , NWT | I, 1993 p. 2045 | 11/24/1993 | |
| Nova Scotia | I, 1992 p. 1585 | 08/14/1992 | |
| Ontario , ON | I, 1989 p. 1924 | 10/17/1989 | |
| Prince Edward Island | I, 1991 p. 883 | 03/27/1991 | |
| Quebec | not yet a mutual state | ||
| Saskatchewan | I, 1990 p. 472 | 07.03.1990 | |
| Yukon Territory | I, 1987 p. 2381 | 04/11/1987 | |
| South Africa | |||
| South Africa | I, 1987 p. 2381 | 04/11/1987 |
Web links
- Legislative text AUG of December 19, 1986
- Text of the Foreign Maintenance Act (AUG) in the version applicable from June 18, 2011
- Drafts and explanations for the new foreign maintenance law
- Forms for the assertion of maintenance claims according to the AUG
- Federal Office of Justice
- Text and changes by the law for the implementation of Regulation (EC) No. 4/2009 and for the reorganization of existing implementation and implementation provisions in the field of international maintenance procedure law of 23 May 2011 ( Federal Law Gazette I p. 898 )
literature
- Text of the Foreign Maintenance Act with comments in the ZPO commentary Baumbach / Lauterbach under Annex III to Section 168 GVG
- Böhmer, The Foreign Maintenance Act (AUG) of December 19, 1986, IPRax 1987, p. 139
- Uhlig / Berard, The assertion of maintenance claims in Germany and abroad according to the Foreign Maintenance Act (AUG), NJW 1987, p. 1521
- Berard, introduction to the law for the assertion of maintenance claims in dealings with foreign countries, in Das deutsche Bundesrecht II B 25, p. 7
- Bach, Ten Years of Foreign Maintenance Act, FamRZ 1996, p. 1250
- Sich, The international enforcement of maintenance claims in German / US-American relations according to the norms of the Foreign Maintenance Act and the Uniform Interstate Family Support Act, Dissertation, Frankfurt a. M./Berlin 2004
- Wicke, The course of the procedure according to the Foreign Maintenance Act, FPR 2006, p. 240
- Alimony abroad; Notes on claiming maintenance with a foreign element in Germany and abroad, Federal Office of Justice, 1st edition 2011 Bonn
- www.bundesjustizamt.de
- Marianne Andrae: The new Foreign Maintenance Act , NJW 35/2011, 2545
Individual evidence
- ↑ Regulation (EC) No. 4/2009 (PDF) of December 18, 2008 on jurisdiction, applicable law, the recognition and enforcement of decisions and cooperation in maintenance matters (OJ EC 2009 No. L 7 p. 1)
- ↑ Foreign Maintenance Act - AUG , Art. 1 G. v. May 23, 2011 ( BGBl. I p. 898 )
- ↑ Hague Convention of November 23, 2007 on the International Recovery of Maintenance Claims of Children and Other Family Members.
- ↑ Announcement (s) on the establishment of reciprocity in accordance with Section 1 (2) of the Foreign Maintenance Act
