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Council Regulation (EC) No 4/2009Show full title

Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations

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Article 57Application contents

1.An application under Article 56 shall be made using the form set out in Annex VI or in Annex VII.

2.An application under Article 56 shall as a minimum include:

(a)a statement of the nature of the application or applications;

(b)the name and contact details, including the address, and date of birth of the applicant;

(c)the name and, if known, address and date of birth of the defendant;

(d)the name and the date of birth of any person for whom maintenance is sought;

(e)the grounds upon which the application is based;

(f)in an application by a creditor, information concerning where the maintenance payment should be sent or electronically transmitted;

(g)the name and contact details of the person or unit from the Central Authority of the requesting Member State responsible for processing the application.

3.For the purposes of paragraph 2(b), the applicant’s personal address may be replaced by another address in cases of family violence, if the national law of the requested Member State does not require the applicant to supply his or her personal address for the purposes of proceedings to be brought.

4.As appropriate, and to the extent known, the application shall in addition in particular include:

(a)the financial circumstances of the creditor;

(b)the financial circumstances of the debtor, including the name and address of the employer of the debtor and the nature and location of the assets of the debtor;

(c)any other information that may assist with the location of the defendant.

5.The application shall be accompanied by any necessary supporting information or documentation including, where appropriate, documentation concerning the entitlement of the applicant to legal aid. Applications under Article 56(1)(a) and (b) and under Article 56(2)(a) shall be accompanied, as appropriate, only by the documents listed in Articles 20, 28 and 48, or in Article 25 of the 2007 Hague Convention.

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