Authentic instrument meaning

This Practice Note This Practice Note examines the debtor’s position where a creditor seeks to enforce a judgment, court settlement, or authentic instrument concerning an uncontested claim under Regulation (EC) 805/2004—the European Enforcement Order Regulation (the EEO Regulation)—by relying on an EEO. References to “judgments” in this Note should be understood to include court settlements and authentic instruments. A core requirement for an EEO is that the claim was uncontested, as described in Recital (5) of the EEO Regulation: this covers situations where, after verified absence of any challenge by the debtor to the nature or amount of a pecuniary claim, the creditor has obtained either a court decision against the debtor or an enforceable document requiring the debtor’s express consent, whether a court settlement or an authentic document. Once a judgment is certified as an EEO, for enforcement it is treated as if issued by the courts of the Member State where enforcement is pursued. The enforcement procedure itself is then governed by the domestic law of that...

Part III of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984) permits former spouses divorced abroad, with a sufficient nexus to England and Wales, to seek financial relief within this jurisdiction where a foreign tribunal has made no, or no adequate, provision, thereby mitigating unfair outcomes. Equivalent rules apply on the dissolution of a civil partnership overseas (or an analogous status), via Schedule 7 to the Civil Partnership Act 2004 (CPA 2004). This Practice Note explains when the courts of England and Wales may make financial orders under MFPA 1984, Pt III and CPA 2004, Sch 7. It also outlines how the court deals with applications for permission (leave), the matters it will weigh, and the spectrum of orders it can make. See also the Practice Notes: Financial relief after overseas divorce—court’s approach and case law, and Financial relief after overseas divorce—procedure. Who may apply? ...

Overview Regulation (EU) No 650/2012 (the Succession Regulation) has applied since 17 August 2015 across most EU Member States to both testate and intestate estates. As a rule, succession matters fall to the courts of the participating Member State where the deceased was habitually resident; however, if the deceased validly elected a choice of court, the courts of the participating Member State of his nationality may hear the case. There are also provisions for subsidiary and exceptional jurisdiction. The Regulation can influence an estate wherever there is a connection to any participating Member State in which it has direct effect. This includes individuals living in third states such as the UK, Ireland, Denmark, or those residing outside the EU. Generally, the law of the state of habitual residence (which may not be a Member State) governs succession, unless the deceased was manifestly more closely connected with another state or had chosen the law of his nationality to apply. The formal validity of a Will or other testamentary...