KáhaLex

Article 35 — Determination and Enforcement

  1. The amount and terms of maintenance may be determined by agreement between the parties. Any such agreement shall be in writing and registered with the Royal Chancellery.
  2. In the absence of agreement, the Royal Chancellery shall, upon application by either party, determine the amount and terms of maintenance, having regard to:
    1. The reasonable needs of the person entitled to maintenance
    2. The means, earning capacity, and obligations of the person liable for maintenance
    3. The factors set out in Article 34 relevant to the particular obligation.
  3. Maintenance shall be proportionate to the needs of the creditor and the means of the debtor, and shall be subject to periodic review.
  4. A determination of maintenance by the Chancellery, or an agreement registered with the Chancellery, constitutes an official record of the obligation and may be relied upon by either party in any jurisdiction.
  5. The State shall, where practicable, seek the cooperation of host jurisdictions in the recognition and enforcement of maintenance obligations determined under Kaharagian law, in accordance with Article 47 of the Fundamental Laws.
  6. Where a maintenance obligation is governed by the mandatory law of a host jurisdiction by reason of the domicile of the parties or the location of assets, the law of that jurisdiction prevails to the extent mandatorily applicable.

How to cite

CIVIL art. 35 — Article 35 — Determination and Enforcement, Legal Codes of the Principality of Kaharagia.