The member states of the European Union originally conclude a convention amongst themselves on maintenance payments, which was signed on 11 June 1990 but never entered into force as it was not ratified by all EU member states.

[2][3] The substance of this convention was replaced by the regulation, which originally applied directly to all member states except the United Kingdom and Denmark.

The UK subsequently accepted the regulation, and was approved to participate by the Commission in June 2009.

Denmark has a full opt-out from implementing regulations under the area of freedom, security and justice.

The parties may furthermore designate a law to apply -one of their nationalities, habitual residences, their property regime or divorce- except in cases regarding maintenance obligations towards vulnerable persons and children (under 18).