Hello Obllocks,
Please note the important disclaimer at the bottom of the page stating
that information supplied at Google Answers is not a substitute for
informed professional legal advice.
?Important Disclaimer: Answers and comments provided on Google Answers
are general information, and are not intended to substitute for
informed professional medical, psychiatric, psychological, tax, legal,
investment, accounting, or other professional advice."
SPANISH LAW REGARDING NON PAYMENT OF MAINTENANCE
From the European Judicial Network in civil and commercial matters
regarding maintenance claims in Spain.
?If the debtor will not pay voluntarily, what coercive measures are
available to enforce judgment?
In Spain, the following means of execution are available:
i. attachment of earnings (apart a minimum subsistence amount as
directed by the court) ;
ii. withholding of tax rebates;
iii. seizure of bank accounts;
iv. withholding of social security benefits;
v. seizure of goods and public sale thereof;
vi. imprisonment in certain cases.?
European Judicial Network
http://ec.europa.eu/civiljustice/maintenance_claim/maintenance_claim_spa_en.htm#12.
More information regarding maintenance claims in Spain
http://ec.europa.eu/civiljustice/maintenance_claim/maintenance_claim_spa_en.htm
=================================
EXTRADITION
The ?European Arrest Warrant? marks the end of extradition law in the EU.
http://www.statewatch.org/news/2004/nov/05spain.htm
?On 1 January 2004 the EU Framework Decision on the European Arrest
Warrant entered into force between eight member states - Belgium,
Denmark, Finland, Ireland, Portugal, Spain, Sweden and the UK. The
main hearing in extradition procedures between these countries will no
longer consider the facts of the case (the allegations, evidence etc.)
but only whether any of the "barriers to extradition" apply.?
http://www.statewatch.org/monitor/swmon4no1.html
On 1 January 2004 the European Arrest Warrant (EAW) enters into force
between eight of the 15 EU member states.
These are:
Belgium
Denmark
Finland
Ireland
Portugal
Spain
Sweden
UK
http://www.statewatch.org/news/2004/jan/01euro-arrest-warrant.htm
European Arrest Warrant to replace extradition
Read how it will work here:
http://www.nd.edu/~nanovic/events/european_arrest_warrant2002.pdf
Britain and Spain signed a treaty to reduce lengthy extradition
processes that have helped make Spain's Mediterranean coast a haven
for British criminals.
Nov 23, 2001
http://www.highbeam.com/doc/1G1:80270392/Spain,+U~R~K~R~+sign+extradition+treaty.html?refid=ency_topnm
British crooks hiding out in Spain will be looking forward to
'porridge' not paella after Home Secretary David Blunkett today signed
a treaty with his counterparts in Madrid doing away with cumbersome
extradition procedures between the two countries.
http://www.highbeam.com/doc/1G1:80258426/UK+and+Spain+sign+fast+track+extradition+treaty+in.html?refid=ency_botnm
Search terms:
Maintenance payments divorce Spain
Extradition Spain United Kingdom
I hope the information provided is helpful!
Best regards,
Bobbie7 |
Clarification of Answer by
bobbie7-ga
on
21 May 2006 10:12 PDT
Dear Obllocks,
Unfortunately, I cannot give you a clear cut answer to your
clarification as I am not a lawyer. Your additional questions are very
specific and I believe only a lawyer specializing in Family Law in
Spain and the United Kingdom can give you a satisfactory answer.
Google Answers is not a substitute for informed professional legal
advice and can only supply general information.
In any case I found the following information that might shed some
light on this complicated subject.
MAINTENANCE CLAIMS - ENGLAND AND WALES
?If the petitioner is in England and Wales and the maintenance debtor
has his/her residence in another country:
15. Can the petitioner obtain the assistance of an organisation or
government department (central or local) in England and Wales?
You should apply to the Department for Constitutional Affairs Office
of the Official Soliciter & Public Trustee Reciprocal Enforcement of
Maintenance Orders (REMO) Section.
Reciprocal Enforcement of Maintenance Orders is the process by which
maintenance orders made by United Kingdom courts on behalf of United
Kingdom residents can be registered and enforced by courts or other
authorities in other countries against people resident abroad.
This is a two-way arrangement governed by international conventions,
which means that foreign maintenance orders in favour of individuals
abroad can likewise be registered and enforced by United Kingdom
courts against United Kingdom residents.
How to apply -
A United Kingdom resident who wishes to apply to obtain maintenance
from a person overseas should approach:
? their local magistrates? court (or county court where the order was
made) if they have an existing court order for maintenance; or
? their local magistrates? court if there is no existing order.?
The addresses of the courts can be found at the Court Service website.
( www.hmcourts-service.gov.uk/HMCSCourtFinder )
?They may apply for their order to be enforced in the country where
the payer resides. Procedures also exist to enable an applicant to ask
the foreign authorities to create an order for maintenance on their
behalf.
There is no need for the applicant to engage a solicitor. Court staff
will help the applicant and will forward the application to the
relevant authority: the Department for Constitutional Affairs for
applications from England and Wales; the Scottish Executive for
applications from Scotland; or the Northern Ireland Court Service for
applications from Northern Ireland.
The authority will check that the application is in order and send it
to the foreign authority or court for registration and enforcement
against the person living there.
Applications from abroad must be sent to the REMO section of the
Department for Constitutional Affairs Office of the Official Solicitor
& Public Trustee, which is the authority in England and Wales for
transmitting and receiving applications for maintenance enforcement if
the absent parent lives abroad. REMO will forward the application to a
specified court with the jurisdiction to deal with the case.
For child support maintenance it is only possible for the Child
Support Agency to make a maintenance calculation where the
non-resident parent is in another part of the United Kingdom (that is,
England, Wales or Scotland), or is working outside the United Kingdom
for an employer whose payroll is based in the United Kingdom.?
?16. if so, how can that organisation or government department
(central or local) be contacted?
The REMO section can be contacted at:
Reciprocal Enforcement of Maintenance Orders (REMO)
Official Solicitor & Public Trustee
81 Chancery Lane
London
SW2A 1DD
Telephone: 0845 345 5303 (from UK only)
+44 20 7911 7016 (international)
Fax: + 44 20 7911 7030
e-mail: remo@offsol.gsi.gov.uk
Maintenance claims
http://ec.europa.eu/civiljustice/maintenance_claim/maintenance_claim_eng_en.htm#12
Maintenance claims - General Information
http://ec.europa.eu/civiljustice/maintenance_claim/maintenance_claim_gen_en.htm
I found a few professionals that might be able to help you.
DE COTTA MCKENNA & SANTAFÉ
Abogados
Reyes Gomez Llorente is the divorce and family law specialist in Spain
and she works closely with her English colleagues, Sandra Wrightson
and Alex Radford to advise on both systems of law. The firm has many
years of experience in the Spanish courts, particularly where proof of
English law is requested.
For further information contact Sandra Wrightson on:
Fax: (0034) 92 93 3547 or email: sandrawrightson@decottalaw.net
English and Spanish Advocates
http://www.decottalaw.com/family.htm
Irwin Mitchell Abogados
http://www.irwinmitchell.com/Personal/SpanishServices/
http://www.irwinmitchell.com/Personal/FamilyLaw/
For further reading:
European Family Law in Action. Volume II - Maintenance between Former Spouses
?This book contains detailed information about maintenance between
former spouses in twenty-two European legal systems. The expert
members of the Commission on European Family Law prepared
comprehensive national reports on the basis of a detailed
questionnaire on the grounds for divorce (see EFL-series No.2) and the
maintenance between former spouses. In addition to these national
reports (which are available on the website of the Commission on
European Family Law), this book integrates all the given answers in
order to provide an overview and a straightforward simultaneous
comparison of the different solutions chosen within the national
systems. On the basis of this comparative material the Commission on
European Family Law will formulate Principles of European Family Law.?
http://www.intersentia.be/zoekdetail.asp?back=reeks&reeksid=11&page=&pid=959
I hope this helps!
Sincerely,
Bobbie7
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