Glossary entry

French term or phrase:

la cour prononce le divorce aux torts exclusifs du mari

English translation:

the court grants a divorce for/due to/through the fault of the husband

Added to glossary by Lauren UK
Dec 17, 2007 18:22
16 yrs ago
40 viewers *
French term

la cour prononce le divorce aux torts exclusifs du mari

French to English Law/Patents Law (general)
hello. i could not understand what it exactly means. could you please explain rather than translation? thanks in advance.
Change log

Dec 17, 2007 23:25: Lauren UK Created KOG entry

Discussion

Attorney DC Bar Dec 17, 2007:
I'm not sure I understand your question. Do you mean, is the divorce decree final? Can the divorce decree be appealed to a higher court? Or do you mean something else?

Proposed translations

+2
42 mins
Selected

the court grants a divorce for the fault of the husband

I agree entirely with Rufinus' explanation of what the term means - however, I disagree with his translation. I realise that the Asker wanted a definition, rather than a translation, but for the benefit of any future KudoZ Glossary users I thought I'd chip in!

This article explains what the procedure is for at-fault divorces and when they become final:
http://www.vos-droits.justice.gouv.fr/index.php?rubrique=100...
Peer comment(s):

agree Attorney DC Bar : Point well taken Lauren: I didn't actually research the translation I put in, since Asker only wanted an explanation, and I couldn't fill in the Answer without writing something in the translation line. But are you sure about 'for the fault of.."?
42 mins
Yes, for US law at least... I'm sure someone will come up with a much better suggestion than me - family law isn't my field :)
agree TechLawDC : More idiomatic in USA are: "by reason of the fault of the husband", "due to the fault ...", "through the fault...", "chargeable to the fault...", "by fault...". ("For the fault..." is rarer.)
2 hrs
Thank you :)
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4 KudoZ points awarded for this answer. Comment: "thanks a lot. i could get a detailed information from the link. "
+3
6 mins

to the exclusive prejudice of the husband

It means the husband, and only the husband, is in the wrong. It's his fault.
Note from asker:
thanks a lot! is the verdict certain for divorce?
Peer comment(s):

agree MikeGarcia : Une bonne explication!!!
5 mins
thanks Miguel
agree BusterK
6 mins
thanks
agree islander1974
43 mins
thanks
agree writeaway : I don't understand what the problem is either-it's basic and clear.
45 mins
thanks writeaway. I was only furnishing an explanation though, as requested-- I have not confirmed the wording of the answer.
disagree TechLawDC : "Prejudice" is a procedural term of art. Using it here would be unidiomatic because it would introduce unnecessary strong ambiguity.
2 hrs
What would you say then?
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5 hrs

The divorce has been granted by the court at the (sole) fault of the husband

Hello,

I think this a a very legalese way of saying it. I would phrase differently than the French, though.

Yes, "issues a divorce decree" is indeed said in the US, but I prefer "grant a divorce."

aux torts exclusifs du mari = due solely to the fault of the husband

I'd use the present perfect tense (has been), and make "divorce" subject of the sentence in English.

I hope this helps .
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