liquidación de la sociedad conyugal

  • 080109

    Member
    English-USA
    Hello, late to this thread. I'm translating this same phrase. I thought perhaps it could be "settlement of marriage contract" but after looking through several threads stating that it refers to a separation of property, I think it is "Divorce Settlement Agreement" also known as "Marital Settlement Agreement" as well as "Property Settlement Agreement" Here's one reference, but Google the term "Settlement Agreement" and you'll get many hits.

    The exact phrase I'm translating is "Divorcio y liquidacion de la sociedad conyugal" under Acto Juridico, so I'm going to go with "Divorce and marital settlement agreement" unless someone suggests something better and/or corrects me. Perhaps "Divorce and marital..." is redundant and I should simply put "Divorce settlement agreement." What do you think?
    Thank you
     

    Polyglot Jurist

    Senior Member
    English - Canada
    Legal terminology between Spanish and English can often be difficult because legal concepts don’t always translate. For example, the “English” translation for “Acto Juridico” at the top of
    080109’s document is a “Juridical Act”, but this concept doesn’t exist in common law jurisdictions such as the US (and most of Canada). I only happen to know this because the concept does exist in Quebec Civil Law, which along with the law in most Spanish-speaking countries, has roots in the Napoleonic Code.

    That said, I’ll take a stab at this. Does your document include minute details about who gets what in terms of property and child custody, etc, or does it just look like a certificate saying with fancy words and a seal that the marriage is over?
     

    Polyglot Jurist

    Senior Member
    English - Canada
    I suggest: Divorce and liquidation of marital partnership

    No - “liquididación” here definitely does not translate to “liquidation”. (Liquidation in English would mean they’re selling everything). That’s why I’m wondering if I can get more information on what the document contains.
     

    Polyglot Jurist

    Senior Member
    English - Canada
    Here’s what I’m going to say, absent more information:

    In general, “division of family property” would be the best translation in isolation. Every English-speaking lawyer, everywhere, would understand this to mean the same thing even if it’s not current jargon in their jurisdiction.

    That said, depending on what kind of document it is (and your purpose) you might want to give a rough translation.

    If the document includes specific details of who will get what/how much money will be paid from one ex-spouse to the other, signed by both parties, you’re looking at a “settlement agreement”.

    If it’s signed by a judge and says that the settlement is legally binding on everyone, you’re looking at a “settlement approval order” (in my jurisdiction).

    If it is a government document that officially says something to the effect that “this document is proof that the marriage is over” (which I suspect may be the case for post #6 above), it should be translated as “certificate of divorce and division of family property.”
     

    Ummawar

    Senior Member
    English - USA / Spanish - México
    (Liquidation in English would mean they’re selling everything)

    Not always. Liquidation is not only bringing a business to an end, it also means to acertain, collect and value its assets, as well as determining, collecting and settling debts and liabilities, and then, distributing the remaining assets to claimants (partners). And that is what happens in a "Liquidación de la sociedad conyugal"; this legal procedure is not the equivalent of the "dissolution of the sociedad conyugal", nor is it only the division of marital or community property. It implies much more.

    See:
    What is LIQUIDATION? definition of LIQUIDATION (Black's Law Dictionary)
    Definition of LIQUIDATION
    Rotolo v. Rotolo, 682 F. Supp. 8 | Casetext Search + Citator
     
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    Ummawar

    Senior Member
    English - USA / Spanish - México
    In general, “division of family property” would be the best translation in isolation.
    Discrepo.
    El matrimonio es un contrato, y la Sociedad Conyugal -uno de sus posibles efectos-, un "partnership" económico entre contrayentes, no entre los miembros de la familia, así que no entiendo la razón para incorporar "familia" en la traducción, distorsionando un concepto que no la incluye.
     

    Polyglot Jurist

    Senior Member
    English - Canada
    Discrepo.
    El matrimonio es un contrato, y la Sociedad Conyugal -uno de sus posibles efectos-, un "partnership" económico entre contrayentes, no entre los miembros de la familia, así que no entiendo la razón para incorporar "familia" en la traducción, distorsionando un concepto que no la incluye.

    With respect, you don’t understand how English-speaking lawyers use the term “family property” in a family law context: it means the jointly-owned property of the two spouses that has accumulated during the marriage. Many jurisdictions don’t use the same term, but everyone would understand this.

    As for liquidation, is there a case from anywhere other than Puerto Rico that you can point to? I have never heard an English-speaking jurisdiction use the term “liquidation” in this sense and I believe that the court simply is translating the spanish “liquidación” and using it the same way you’re trying to (which is fair enough, given what Black’s says), without regard for what English-speaking lawyers would ordinarily understand or say in current usage.

    But I’ll grant that I’m a Canadian lawyer. If there are English-speaking jurisdictions in the US that use “liquidation”, I’ll back down and admit there’s a regional difference.

    Of the terms provided by others above though: “division of marital property”, “division of community property”, and “allocation of marital property”, I would understand (but not use in the jurisdiction where I practise.) “Liquidation” I would not understand in the same sense as the Spanish though (despite knowing the Spanish term, if I saw an English-speaker using this I would assume the assets were being sold).

    To be clear: I understand “liquidación de la sociedad conyugal” in Spanish to be referring to the process by which the couple’s property is divided. If l’m wrong about this, ignore what I say (you said it 'implies much more', but the resources others have pointed to seem to be translating it in the sense that I'm understanding).

    Edit: in post #7 I pointed out the difficulties in the translation of legal jargon, noting that “acto juridico” technically translates as “juridical act” but that few English-speaking lawyers would understand what this means. I think it’s fair to say the same issue with “liquidación” -> “liquidation” may apply here, and if I’m right, then the translator/interpreter just needs to be aware that they’re making a judgement call of a technical translation (ignoring current English jargon) vs. a rough translation using current jargon in the other language.
     
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