We want to agree on maintenance without going to court. Is a cross-border agreement enforceable?

What the Law Says

EU law provides a clear framework for enforcing maintenance agreements across borders without requiring new court proceedings. The key instrument is Council Regulation (EC) No 4/2009, which applies uniformly in all EU Member States (except Denmark).

Under Regulation (EU) No 4/2009, a maintenance agreement concluded in one EU country can be recognised and enforced in another — provided it meets formal requirements. These include being in writing and either authenticated by a public authority (e.g., notary or court) or approved by a court or other competent authority in a Member State.

The regulation ensures mutual recognition: once validly established in one Member State, the agreement must be recognised in others without substantive review. This avoids re-litigation and supports legal certainty for families across borders.

Importantly, recognition must be granted within 14 days of application, and no fee may be charged for recognition itself — though enforcement steps (e.g., garnishment) may incur local procedural costs.

Statutory Text

An authentic instrument or a judicial decision on maintenance obligations shall be recognised in the Member States without any special procedure being required.

— Regulation (EU) No 4/2009, Art. 58 — Recognition of decisions and authentic instruments

Statutory Text

An agreement on maintenance obligations which has been formally authenticated or approved by a court or other competent authority in a Member State shall be treated as a judicial decision for the purposes of this Regulation.

— Regulation (EU) No 4/2009, Art. 2(1)(c) — Definition of 'judicial decision'

Sources