Deklarationen

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Declaration:
31-07-2019
The Government of the United Kingdom of Great Britain and Northern Ireland hereby extends the application of the ratification of the Agreement by the United Kingdom to the territory of Gibraltar, for whose international relations the United Kingdom is responsible. The Government of the United Kingdom of Great Britain and Northern Ireland considers that the extension of the Agreement to the territory of Gibraltar will come into effect upon entry into force of the Agreement for the United Kingdom. The territorial extension to Gibraltar is subject to the declarations and reservations made by the United Kingdom on behalf of Gibraltar that are annexed to this declaration.

Declaration referred to in Article 2(3) of the Convention
The United Kingdom of Great Britain and Northern Ireland declares on behalf of HM Government of Gibraltar that Gibraltar will extend the application of Chapters II and III of the Convention to spousal support.
United Kingdom of Great Britain and Northern Ireland reservation on behalf of HM Government of Gibraltar at the time of the extension to Gibraltar of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (‘the Convention’) in accordance with Article 62 thereof.
The United Kingdom of Great Britain and Northern Ireland on behalf of HM Government of Gibraltar makes the following reservation provided for in Article 44(3) of the Convention:
HM Government of Gibraltar object to the use of French in communications between Central Authorities.
United Kingdom of Great Britain and Northern Ireland on behalf of HM Government of Gibraltar declarations at the time of the extension to Gibraltar of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (‘the
Convention’) in accordance with Article 63 thereof

Declarations referred to in Article 11 (1) (g) of the Convention
The United Kingdom of Great Britain and Northern Ireland on behalf of HM Government of Gibraltar declares that an application other than an application under Article 10(1)(a) and (2)(a) of the Convention shall include the information or documents specified below:

Application under Article 10(1) (b)

Original and/or certified copy of decision; Certificate of enforceability; Statement of Arrears; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified and served of those proceedings or that he was notified of the original decision and was given opportunity to defend or appeal; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Document indicating the extent that the applicant has benefited from free legal aid; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable. Certified copy order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable.
Application under Article 10(1) (c)
Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts of defendant - residential and employment; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable. Copy of any relevant court orders; Legal aid application; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
Application under Article 10(1) (d)
Certified copy of decision relevant to Article 20 or Article 22 (b) or (e) together with documents relevant to the making of that decision; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts - residential and employment of defendant; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy of order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable. Copy of any relevant court orders;
Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
Application under Article 10(1) (e)
Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant. Written statement that both parties appeared in the proceedings and if only the applicant appeared the original or certified copy of the document establishing proof of service of the notice of the proceedings on the other party.
Application under Article 10(1) (f) 
Original and/or certified copy of decision to be modified; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets;
Certificate of enforceability; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Certified copy of Marriage Certificate if applicable; Certified copy of order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant. Written statement that both parties appeared in the proceedings and if only the applicant appeared the original or certified copy of the document establishing proof of service of the notice of the proceedings on the other party.
Application under Article 10(2) (b)
Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Documents relevant to marital status of
applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
Application under Article 10(2) (c)
Original and/or certified copy of decision to be modified; Certificate of enforceability; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Certified copy of Marriage Certificate if applicable; Certified copy order or other instrument evidencing the dissolution of the marriage or other relationship if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of creditor - residential
and employment; Statement as to identification of creditor; Photograph of creditor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
General
For applications under Article 10, including Articles 10(1) (a) and 10(2) (a), the Gibraltar Central Authority would be grateful to receive three copies of each document, accompanied by translations into English (if necessary).
Unilateral declaration at the time of the extension to Gibraltar of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance
The United Kingdom of Great Britain and Northern Ireland on behalf of HM Government of Gibraltar makes the following unilateral declaration:
The United Kingdom of Great Britain and Northern Ireland on behalf of HM Government of Gibraltar wishes to underline the great importance it attaches to the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. The United Kingdom of Great Britain and Northern Ireland on behalf of HM Government of Gibraltar recognises that extending the application of the Convention to all maintenance obligations arising from a family relationship, parentage, marriage or affinity is likely to increase considerably its effectiveness, allowing all maintenance creditors to benefit from the system of administrative cooperation established by the Convention.
It is in this spirit that the United Kingdom of Great Britain and Northern Ireland on behalf of HM Government of Gibraltar intends to extend the application of Chapters II and III of the Convention to spousal support when the Convention enters into force with regard to Gibraltar.
Furthermore, the United Kingdom of Great Britain and Northern Ireland on behalf of HM Government of Gibraltar undertakes, within seven years, in the light of experience acquired and possible declarations of extension made by other Contracting States, to examine the possibility of extending the application of the Convention as a whole to all maintenance obligations arising from a family relationship, parentage, marriage or affinity.

With the following Note Verbale:
Her Britannic Majesty’s Embassy presents its compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and has the honour to refer to the instrument of ratification (the “Instrument of Ratification”) to the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (the “Agreement”), which it deposited on 28 December 2018 alongside a Note Verbale of the same date, and to the subsequent Notes Verbales which it deposited on 28 March 2019 and 12 April 2019.
As the United Kingdom of Great Britain and Northern Ireland (the “United Kingdom”) has previously stated, in the event that the Withdrawal Agreement is not ratified and approved by the United Kingdom and the European Union, the United Kingdom wishes to ensure continuity of application of the Agreement from the point it ceases to be a Member State of the European Union.
The United Kingdom is responsible for the international relations of Gibraltar and wishes to ensure that Gibraltar continues to be covered by the Agreement in the event that the Withdrawal Agreement is not approved.
Her Britannic Majesty’s Embassy has therefore deposited today a declaration extending the United Kingdom’s ratification of the Agreement to Gibraltar.
The territorial extension to Gibraltar is subject to the declarations and reservations made by the United Kingdom on behalf of Gibraltar that are annexed to the declaration on territorial extent deposited today.
In the event that the Withdrawal Agreement is signed, ratified and approved by the United Kingdom and the European Union, the United Kingdom will withdraw the Instrument of Ratification and neither the Instrument of Ratification nor the declaration of territorial extent, including the declarations and reservations annexed thereto, deposited today would take effect.
Her Britannic Majesty’s Embassy avails itself of the opportunity to renew to the Ministry of Foreign Affairs of the Kingdom of the Netherlands the assurances of its highest consideration.