I want to claim maintenance from my ex who lives in another EU state. Where do I file?

What the Law Says

The rules for where to file a maintenance claim across EU borders are set out in Council Regulation (EC) No 4/2009, which applies in all EU Member States except Denmark. It establishes clear jurisdictional rules and ensures mutual recognition of decisions.

Under Regulation (EC) No 4/2009, the general rule is that you may bring a maintenance claim before the courts of the Member State where the defendant (your ex) is habitually resident.

However, you may also choose to file in the courts of the Member State where you (the applicant) are habitually resident — but only if the defendant is a national of that state or has resided there for at least one year immediately before the application.

The Regulation also provides for direct enforcement of maintenance decisions across borders without needing a declaration of enforceability in most cases.

Statutory Text

The courts of the Member State in which the defendant is habitually resident shall have jurisdiction.

— Council Regulation (EC) No 4/2009, Art. 3(a) — Jurisdiction

Statutory Text

The courts of the Member State in which the applicant is habitually resident shall have jurisdiction if the defendant is a national of that Member State or was habitually resident there for at least one year immediately before the application.

— Council Regulation (EC) No 4/2009, Art. 3(b) — Alternative jurisdiction

Sources