Reciprocal Enforcement of Maintenance Orders

We are looking for solicitors to take on maintenance order work. These maintenance orders originate in countries which have a reciprocal arrangement with Scotland and require to be registered and enforced in Scotland’s sheriff courts.

The reciprocal orders are received by the Scottish Government and allocated by the Law Society of Scotland.

You would be responsible for enforcing the order, ensuring compliance, and securing payments for the claimant. You are required to regularly update the Scottish Government on the progress of enforcement, ensuring they are informed of any developments or challenges.

You would be acting on behalf of the maintenance claimant (not the Scottish Government or the Law Society) and therefore you will have responsibility for securing payment of the fees and expenses. Payment would be via the appropriate application to the Scottish Legal Aid Board.

The Central Authority & International Law Team within the Scottish Government serves as Scotland's Central Authority. Upon receiving a maintenance order from a reciprocating country, they are responsible for registering it in Scotland’s Sheriff Courts. 

Once the order has been registered, the Central Authority for Scotland asks the Law Society to nominate a solicitor to act on behalf of the overseas claimant and take whatever action necessary to enforce the order on behalf of the claimant.   Around 120 cases are allocated each year to solicitors across Scotland. Maintenance orders can have significant effects on families, both financially and emotionally. They ensure financial support for spouses or children following separation or divorce, helping to maintain stability and meet essential needs.   The current system was set up under the Maintenance Orders (Reciprocal Enforcement) Act 1972.

We are actively seeking solicitors to participate in this work. If you are interested in learning more, please contact [email protected]