23rd plenary meeting

4 May 1982

Action to be taken to ensure the recovery abroad of maintenance

The Economic and Social Council,

Noting that in many countries the number of divorces and separations has continually increased during recent years,

Taking note of the fact that judicial or administrative decisions taken on the occasion of divorces and separations often include the payment of maintenance intended to meet, at least partly, the needs of the spouse and the children, as issue of the union, for whom the spouse is responsible, taking into consideration existing legislation in the countries of the two spouses,

Considering that the recovery of such maintenance, which is already difficult within the national territory, becomes practically impossible when the debtor spouse resides abroad,

Emphasizing the extreme prejudicial situation of creditors in respect of maintenance due who are injured in this way,

Emphasizing also the important progress constituted, for the States that have ratified it, by the New York Convention on the Recovery Abroad of Maintenance, of 20 June l956,

l. Requests the Secretary-General to provide full information on the New York Convention on the Recovery Abroad of Maintenance of 20 June l956; in addition, States parties could study possible improvements in the light of their experience of that Convention;

2. Expresses the wish that States which have not yet done so should ratify the Convention as soon as possible, in view of its undeniable humanitarian scope;

3. Invites the States parties to that Convention, in conformity with article l0 thereof, to accord the highest priority to the transfer of funds payable as maintenance or to cover expenses in respect of proceedings under that Convention.