German Article on the Applicable Law concerning Maintenance Obligations


Rolf Wagner (Berlin) gives an overview on new developments concerning the law applicable regarding maintenance obligations in the German legal journal FamRZ 2006, 979 et. seq. He addresses two new measures which deal with this field of law: On the one hand the plans of the Hague Conference to draft a new Convention on Maintenance Obligations which is planned to replace the two Hague Conventions from 1958 and 1973, and on the other hand the Proposal for a Council Regulation on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, COM(2005) 649 final. Wagner compares the conflict of law rules of both drafts and attends to the relationship between these two instruments.

2 replies
  1. Rose Lovric says:

    I am trying to find out about the maintenance implications for a father living in the uk and his obligations to his ex wife who moved from the uk back to Germany with their two children, but who is responsible in England for his new wife and her 5 children and one grandchild. Any information regarding any possible help with law on this matter would be much appreciated



  2. Christine says:

    My boyfriend has asked me to marry him, he is a German national and we are moving to Germany from Canada. He has asked me to sign a pre nuptial agreement stating that if we separate or divorce he does not have a financial obligation to me and my young son who will also move to Germany. His job requires him to move around a lot and this will make it difficlut for me to find employment. this is his second marriage and his first ended due to an affair. If I am unable to establish myself in a career and support myself will the courts enforce such a prenupt agreement?

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