Nov 4, 2008 20:10
15 yrs ago
8 viewers *
Dutch term

stelsel van scheiding van goederen

Non-PRO Dutch to English Law/Patents Law (general)
This is with regard to a marriage contract
Change log

Nov 5, 2008 12:11: Buck changed "Level" from "PRO" to "Non-PRO"

Votes to reclassify question as PRO/non-PRO:

PRO (2): Chris Hopley, Andre de Vries

Non-PRO (3): writeaway, Dave Calderhead, Buck

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Discussion

Chris Hopley Nov 5, 2008:
not all countries Dave, you are right that a prenup is "usually to separate assets of the marriage partners". There are notable exceptions, though. See my reference answer.
Dave Calderhead Nov 5, 2008:
The purpose of a prenutial agreement is usually to separate assets of the marriage partners. Without one, in most country, common property is the default.

Proposed translations

+1
1 hr
Selected

matrimonial regime of separate estates

I prefer "separate estates"
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4 KudoZ points awarded for this answer.
16 mins

statement of separate property

If, when a couple marries, the husband and wife wish to keep their property separate, they need to have a statement of separate property, similar to that given in the example. Otherwise they are deemed to be married under "community of property", or in Dutch, "gemeenschap van goederen", which means that they hold everything in common.
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-1
30 mins

Partition of the matrimonial regime of the Partnership

I think the same translation has been asked for on Proz. from Spanish into English

http://www.proz.com/kudoz/spanish_to_english/law:_contracts/...
Peer comment(s):

neutral writeaway : It's been asked in many language pairs before, including this one.
53 mins
disagree Andre de Vries : the regime is not partitioned - it's the property or estates
1 hr
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8 hrs

ante nuptial contract

In SA we call t to marry with an anti nuptial contract. ANC for short and then we are not referring to the political party....

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Note added at 18 hrs (2008-11-05 14:49:58 GMT)
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You can stipulate in an ANC what you want, exclude some or accept other terms and conditions. It is called an A.N.Contract because you enter into this contract before you sign on the dotted lines. Whether you add or deduct certain items or not is immaterial: the point is that you enter into a contract (a contract is a contract immaterial of the country). It is called an ante nuptial contract and not a rental contract because it deals precisely with the marriage (whether in Belgium or wherever).
Peer comment(s):

agree jarry (X) : married out of community of property
3 hrs
Bedankt. Dat sommige nog hiermee worstelen....!
agree Dave Calderhead : also called pre-nuptial agreement, or prenuptial (without hyphen) // No - perhaps there is a group somewhere called PNA (Post-Neitzche Association?) ;D
9 hrs
Bedankt. You can't make a pun on the ANC (the political party) then..."Who" knows, he knows all...
disagree Chris Hopley : In Belgium, you choose one of two possible regimes in the "ANC": scheiding van goederen or algehele gemeenschap. // See my reference answer for more on why I disagree.
9 hrs
I donot understand to what you disagree. One either chosses an ANC or not. Algehele is community of property. I am afraid that when you marry, you in any event enter into a contract. The term clearly states "SCHEIDING" therefore ANC.
disagree Andre de Vries : this is only by implication - and as Chris says it wouldn't work where there is more than one regime
12 hrs
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Reference comments

18 hrs
Reference:

reference info

@L.J.Wessel van Leeuwen
I disagree with your proposed translation for various reasons:
1. You cannot translate 'stelsel van scheiding van goederen' as 'ante nuptial contract'. The stelsel is one of the things you can arrange in an ante-nuptial contract.
2. In Belgium, - which judging by the terminology is where the document may come from - when you enter in into an ante-nuptional contract, you can choose one of TWO possible matrimonial property regimes: EITHER het stelsel van scheiding van goederen OR het stelsel van algehele gemeenschap. There is also a third possibility: het wettelijke stelsel, which - as the name suggests - is the property regime that applies when no ante-nuptial contract is signed.
3. There's no point in saying 'well in SA we call it this or that', because, as you're well aware, the SA system is different, as is the US system, UK system, AUS system, NL system, etc. etc. Asker is looking for a translation, not a comparative study of laws.
Peer comments on this reference comment:

agree Andre de Vries
2 hrs
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