to the marriage then

French translation: par l'un des époux

15:52 Nov 19, 2018
English to French translations [PRO]
Law/Patents - Law: Contract(s) / Divorce
English term or phrase: to the marriage then
I find this sentence a bit confusing ? Thank you in advance for your help

Down below the context:
Divorce affects inheritance under a will

Where a will has already been made by either party to the marriage then, by virtue of section 18A of the Wills Act 1837:

(a) any provisions of the will appointing the former spouse executor or trustee or conferring a power of appointment on the former spouse shall take effect as if the former spouse had died on the date on which the marriage is dissolved unless a contrary intention appears in the will
Lucia28
France
Local time: 14:45
French translation:par l'un des époux
Explanation:
BD Finch got the concept and Elisabeth Richard almost got the language, with one error that came from not getting the concept.

This is talking about CURRENT spouses (people currently married to each other) who previously made wills while they were married to someone else. If either spouse already has a will, and neglects to make an updated one reflecting their divorce and remarriage, then this law (section 18A of the Wills Act 1837) provides that any provision of the old will that named the former spouse as executor or trustee, or as having a power of appointment, is nullified.
Selected response from:

Eliza Hall
United States
Local time: 09:45
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +4par l'un des époux
Eliza Hall
4 +1par l'un des ex-époux, alors...
Elisabeth Richard
3 +2l'une ou l'autre partie au mariage, alors
B D Finch


Discussion entries: 1





  

Answers


13 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
par l'un des ex-époux, alors...


Explanation:
Je pense que la virgule est peut-être juste un peu bizarrement placée.

Elisabeth Richard
France
Local time: 14:45
Native speaker of: Native in FrenchFrench
PRO pts in category: 4
Notes to answerer
Asker: En effet ça peut porter à confusion ... Merci !


Peer comments on this answer (and responses from the answerer)
neutral  B D Finch: I think that the text means that they would have been currently married at the time they made the will. Indeed, the divorce might not yet have happened. So, not "ex-époux".
10 mins

agree  writeaway: Definitely not 100% wrong!!
14 mins

agree  Tony M: The first comma is correctly placed, it's just that it would have been clearer with a secind one; same caveat as BDF about the 'ex-époux' issue.
52 mins

agree  mchd: expression courante pour la France !
1 hr

disagree  Eliza Hall: This is talking about current spouses. See discussion comment.
3 hrs

disagree  AllegroTrans: It's a general statement referring to current spouses
3 hrs
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +4
par l'un des époux


Explanation:
BD Finch got the concept and Elisabeth Richard almost got the language, with one error that came from not getting the concept.

This is talking about CURRENT spouses (people currently married to each other) who previously made wills while they were married to someone else. If either spouse already has a will, and neglects to make an updated one reflecting their divorce and remarriage, then this law (section 18A of the Wills Act 1837) provides that any provision of the old will that named the former spouse as executor or trustee, or as having a power of appointment, is nullified.


Eliza Hall
United States
Local time: 09:45
Specializes in field
Native speaker of: English
PRO pts in category: 40
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans: yes as simple as that but asker needs to look at the parsing, danger of translating between 2 foreign languages
6 mins

agree  ph-b (X): Comme pour B D Finch : « l'un ou l'autre des époux » serait ma préférence personnelle ici.
11 mins

agree  B D Finch: So long as, in the context of what the translation is for, that more FR-fr form of expression isn't too much like localising, then your version would be preferred.
58 mins

agree  GILOU
11 hrs
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23 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
either party to the marriage / then ...
l'une ou l'autre partie au mariage, alors


Explanation:
https://beta.canlii.org/en/sk/laws/astat/ss-1995-c-m-4.1/......
... qui l'a célébré n'était pas alors inscrite en conformité avec la présente loi. ..... qui suivent le mariage, l'une ou l'autre partie au mariage dépose ou fait déposer ...

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Note added at 26 mins (2018-11-19 16:18:52 GMT)
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Even if they have since been divorced, they can still be described as parties to the marriage.

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Note added at 1 hr (2018-11-19 16:52:50 GMT)
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Nearly all the ghits, for either this or ph-b's suggestion below, are Canadian. But, here's a good one that isn't:

ec.europa.eu › Commission européenne › RJE › Créances alimentaires
11 avr. 2006 - La pension peut être versée à l'une ou l'autre partie au mariage.

Of course, even that might have been written by a Canadian.

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Note added at 1 hr (2018-11-19 16:54:07 GMT)
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Just because something isn't dredged up in thousands of examples by Google doesn't mean you can't use it.

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Note added at 4 hrs (2018-11-19 20:47:43 GMT)
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I think it's necessary to think about how far it's OK to localise the language of a legal document. The purpose of the English turn of phrase is probably to make it clear that whether or not a divorce ends the marriage, the marriage did happen and even when the spouses have become ex-spouses, they can still be described as parties to the marriage. I imagine that wouldn't be the case if the marriage were annulled. However, localising might well be perfectly OK if that distinction isn't going to matter.

B D Finch
France
Local time: 14:45
Specializes in field
Native speaker of: English
PRO pts in category: 48

Peer comments on this answer (and responses from the answerer)
agree  ph-b (X): ou « l'une ou l'autre des parties » ? Juste une préférence perso.
23 mins
  -> https://bit.ly/2BgUdzQ - You're probably right, the source was Canadian.

agree  Tony M
44 mins
  -> Thanks Tony

neutral  mchd: expression canadienne, non usitée en France.
1 hr
  -> That's very likely. However, this is translation of a legal document, not localisation. The Canadian usage is probably a reflection of English legal language and might be appropriate here, but not, e.g. for literature or journalism.
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