MAINTENANCE ORDERS (RECIPROCAL
ENFORCEMENT) ACT, 2007

Arrangement of Sections

PART I

Preliminary

1. Short title.

2. Interpretation.

PART II

Applications for maintenance

3. Requirements of application.

4. Receiving agency authorised to act.

PART III

Orders for maintenance

5. Enforcement in Seychelles of maintenance orders made in another relevant State.

6. Power of the Family Tribunal to confirm orders made in another relevant State.

7. Transmission of maintenance orders made in Seychelles.

8. Provisional order against a person in a relevant State to be confirmed there.

9. Enforcement of orders registered or confirmed in Seychelles.

10. Documents presumed authentic.

11. Extension of Act to other States.

12. Minister to make regulations.

13. Repeal of Cap 119.

5 of 2007.

AN ACT to provide for the implementation of the Convention on the Recovery Abroad of Maintenance, the repeal of the Maintenance Orders (Reciprocal Enforcement) Act, 1922 and connected matters.

[Date of commencement: 20th August 2007]

Part I

Preliminary

1. Short title.

This Act may be cited as the Maintenance Orders (Reciprocal Enforcement) Act, 2007.

2. Interpretation.

In this Act—

"certified copy", in relation to an order of a court, means a copy of the order certified by the proper officer of the court to be a true copy;

"Convention" means the Convention on the Recovery Abroad of Maintenance, New York, 1956;

"Family Tribunal" means the Family Tribunal established under section 77 of the Children Act;

"transmitting agency"—

(a) in relation to a relevant State other than Seychelles, means the judicial or administrative authority designated by such State as its transmitting agency for the purposes of the Convention;

(b) in relation to Seychelles, means the Principal Secretary of the Ministry of Foreign Affairs;

"court" means any court or tribunal having jurisdiction to hear and grant applications for maintenance;

"dependants" means such persons as the person, against whom a maintenance order is made, is liable to maintain according to the law in force in the State of that person, including its private international law;

"Minister" means the Minister responsible for Foreign Affairs;

"maintenance order" means an order for the periodic payment of sums of money towards the maintenance of the spouse or other dependants of the person against whom the order is made;

"prescribed" means prescribed by rules of court or by the Code of Civil Procedure;

"receiving agency"—

(a) in relation to a relevant State other than Seychelles, means the public or private body designated by such State as its receiving agency for the purposes of the Convention;

(b) in relation to Seychelles, means the Principal Secretary of the Ministry of Foreign Affairs;

"relevant State" means Seychelles and any other State party to the Convention or a State to which this Act is extended by an Order made under section 11.

Part II

Applications for maintenance

3. Requirements of application.

(1) Where a person claiming maintenance is in the territory of one relevant State and the person from whom maintenance is claimed is subject to the jurisdiction of another relevant State, the first mentioned person may make an application to the transmitting agency in the first mentioned person's State for the recovery of maintenance from the other person.

(2) An application referred to in subsection (1) shall be accompanied by the following—

(a) a power of attorney authorising the receiving agency in the other relevant State to act or to appoint a person to act on behalf of the person claiming maintenance;

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.

Please click here to login