Maintenance Orders (Reciprocal Enforcement) Act
- Commenced on 20 August 2007
- [This is the version of this document at 1 December 2014.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Maintenance Orders (Reciprocal Enforcement) Act.
2. InterpretationIn 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
4. Receiving agency authorised to actWhere an application is transmitted to a receiving agency of a relevant State that agency shall take on behalf of the person claiming maintenance all appropriate steps for the recovery of maintenance including settlement of the claim and, where necessary, the institution and prosecution of an action for maintenance and the execution of any order or other judicial act for the payment of maintenance.
Part III – Orders for maintenance
5. Enforcement in Seychelles of maintenance orders made in another relevant StateWhere a maintenance order has, whether before or after the commencement of this Act, been made against any person in Seychelles by any court in another relevant State and a certified copy of the order has been transmitted by the transmitting agency of that State to the receiving agency in Seychelles, the latter shall send the certified copy of the order to the Secretary of the Family Tribunal of Seychelles for registration and on receipt thereof the order shall be registered in the prescribed manner and shall from the date of such registration be of the same force and effect, and, subject to the provisions of this Act, all proceedings may be taken on such order as if it had been an order originally obtained in the Family Tribunal and the Family Tribunal shall have power to enforce the order accordingly.
6. Power of the court to confirm orders made in another relevant State
7. Transmission of maintenance orders made in SeychellesWhere the Family Tribunal has, whether before or after the commencement of this Act, made a maintenance order against any person, and it is proved to the Family Tribunal that the person against whom the order was made is resident in another relevant State, the Family Tribunal shall send to the transmitting agency in Seychelles for transmission to the receiving agency of that State a certified copy of the order.
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 StatesWhere the Minister is satisfied that reciprocal provisions have been made by the legislature of any foreign State other than a relevant State for the enforcement within such State of maintenance orders made by the Family Tribunal in Seychelles, the Minister may, by Order, extend this Act to that State and this Act shall thereupon apply in respect of that State as though the references to a relevant State in this Act included references to that State.
12. Minister to make regulationsThe Minister may, in consultation with the Chief Justice, make Regulations for carrying into effect the principles and provisions of this Act.
13. Repeal of Cap 119
History of this document
01 December 2014 this version
20 August 2007