Que le mariage est dissout par déclaration prononcée

20:40 Aug 30, 2023
French to English translations [PRO]
Law/Patents - Law (general)
French term or phrase: Que le mariage est dissout par déclaration prononcée
Hello there. Do you think the expression : Que le mariage est dissout par déclaration prononcée can be translated by : That the marriage is dissolved by a declaration pronouncee

Do you suggest any other translation?
Moussa Sy
Local time: 12:06


Summary of answers provided
5dissolved by saying so out loud /"by stating so out loud"
Juan Antonio Martínez
5 -1Considering that dissolution of marriage is established by statement issued to that effect
BERTRAND TANKEU
4Whereas/That the marriage has been dissolved by means of a statement pronounced
Conor McAuley
5 -1That the marriage be dissolved by decree.
Annette Fehr


Discussion entries: 25





  

Answers


58 mins   confidence: Answerer confidence 5/5
dissolved by saying so out loud /"by stating so out loud"


Explanation:
This is what the French says: that the marriage is dissolved if the person declares so out loud (probably needs to follow a specific formula?)



Juan Antonio Martínez
Spain
Local time: 14:06
Works in field
Native speaker of: Native in SpanishSpanish

Peer comments on this answer (and responses from the answerer)
neutral  writeaway: Any references to back so much confidence? I have a strong feeling it has nothing to do with being stated 'out loud'. /Yes agree with your corrected version.
14 mins
  -> I think you may be right. I was thinking of Muslim marriages were divorce is carried out by stating it aloud. There is a sense of “prononcé” that refers to a judgement being delivered. Perhaps it refers to once it is officially declared so. Thank you.

disagree  BERTRAND TANKEU: "prononcé" here refers to a ruling by the competent jurisdiction
8 hrs

agree  Daryo: Occam's razor says it must be that.
12 hrs

neutral  AllegroTrans: How do you know that this is not the order of a court or judicial authority? We have zero context and don't even know what country the text is from. Your confidence level is astounding
13 hrs
  -> As I said above, I was thinking of Muslim Marriage / divorce. Outside of that scenario, I think it would be along the lines of a ruling by a competent authority (as Bertrand Tankeu proposes)

agree  Mpoma: Without more context suggesting the contrary it's reasonable to assume the verb "prononcer" is not used in a conventional judicial context necessarily implying a secular judge and court. But the lack of context is unforgivable and annoying.
2 days 15 hrs

disagree  Annette Fehr: That has no relationship with the definition of prononcé in its legal context
83 days
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9 hrs   confidence: Answerer confidence 5/5 peer agreement (net): -1
Considering that dissolution of marriage is established by statement issued to that effect


Explanation:
This is a procedure in divorce matters whereby dissolution of mariage can be done only through an official statement by competent jurisdiction.

BERTRAND TANKEU
Cameroon
Local time: 13:06
Works in field
Native speaker of: Native in FrenchFrench, Native in EnglishEnglish
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
disagree  Daryo: This "official statement by competent jurisdiction ending a marriage" would be called "un jugement".// you contradict your own explanation: a husband hardly qualifies as "the competent jurisdiction" (unless you're Henry VIII, but let's not digress)
4 hrs
  -> From similar practices under traditional courts, it is not enough to say it out loud. It should be said with the intention of ending the marriage and this is established when the statement is made by a spouse before a competent group of persons.

neutral  AllegroTrans: Insufficient context provided by Asker; Courts don't issue "statements", they make orders and judgments and married people cannot divorce by "issuing a statement"
5 hrs
  -> The problem is the rendering of cultural specificities so as to fit in another culture. In most African traditional courts, divorce and a great number of proceedings are oral. The written proceedings are only before non-traditional courts
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11 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Whereas/That the marriage has been dissolved by means of a statement pronounced


Explanation:
We really need the line before and the line after, or the general context, to get the exact wording right for "Que", but apart from that, you can play it pretty much off a straight bat, i.e. pretty much word for word.

Well, in my opinion, anyway.

Done a "few" legal jobs in my time...

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Note added at 11 hrs (2023-08-31 08:39:24 GMT)
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Also the word order in French, or something about "déclaration prononcée" (with accents, as the ever-sharp writeaway indicates kindly), strikes me as unusual, so you keep that in Englsh with "statement pronounced".

Any input from French native speakers on that aspect?

Conor McAuley
France
Local time: 14:06
Specializes in field
Native speaker of: English
PRO pts in category: 210

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: We absolutely need proper context. Waste of time otherwise.
2 hrs

neutral  ph-b (X): Just to answer your query: nothing wrong with déclaration prononcée as such. But, as Adrian says in the discussion, by whom and how?/No, she doesn't. Please read again carefully.
2 hrs
  -> Emm disagrees with you, but well, fight amongst Frenchies on that one / Well, I think she does, but I'm not going to lose any sleep over it either way mate

agree  philgoddard: It desn't look as though we're going to get any more context, and this solution gets around the lack of it.
8 hrs
  -> Totally, my thoughts exactly. Sorted!

neutral  Emmanuella: Ici, 'par' ne peut pas être traduit par 'by means of'.
9 hrs
  -> I beg to differ

disagree  Annette Fehr: This is indeed is a judgement delivered by a magistrate, but it would be an error to translate it word-for-word. There's proper English-language legal terminology that exists for this phenomonon from divorce law..
83 days
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83 days   confidence: Answerer confidence 5/5 peer agreement (net): -1
That the marriage be dissolved by decree.


Explanation:
Prononcée means enacted by a judge in a legally-binding document.

This is a typical sentence which can be found in the conclusion of an Act of divorce as delivered by a court statement. They follow a set form, first introducing the situation of each party, stating the demands by each, noting the elements of law involved, and then the magistrate writes a conclusion, beginning a section with the equivalent of "This court declares...". Déclaration prononcée means that this is the magistrate which is taking a decision, and which then has a legal weight, becoming enshrined in law.

If this sentence is not preceeded by a statement of the type, This court declares that.. and it's a stand-alone sentence, then it ought to read, May the marriage be dissolved by decree (of this court)

An alternative to decree for déclaration prononcée could be court order depending on which English-speaking country's legal frame of reference you're using for the target language.

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Note added at 83 days (2023-11-22 10:14:13 GMT)
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This is the definition from the Dictionnaire de l'académie française:
✻PRONONCÉ nom masculin
Étymologie :xviiie siècle. Participe passé substantivé de prononcer.
MARQUE DE DOMAINE :DROIT. Lecture, proclamation orale d’une décision de justice à l’audience du tribunal. Le prononcé de l’arrêt, de la sentence. Le prononcé du jugement a été mis en délibéré. (On a dit aussi Prononciation.)


    https://www.dictionnaire-juridique.com/definition/divorce-separation-de-corps.php
    https://www.dictionnaire-academie.fr/article/A9P4590
Annette Fehr
France
Local time: 14:06
Specializes in field
Native speaker of: Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
disagree  Daryo: (1) point of method: you assume that French law applies outside of France (2) did you notice the discussion about the ambiguity and the significant difference between "oral declaration by the husband" and the "written declaration by a judge"?
24 days
  -> If the legal context is other than French, this should be mentioned.
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