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nuttshell or nutshell
contusiehaard
Jun 10, 2010 08:37
13 yrs ago
Dutch term

Fout in echtscheiding

Dutch to English Law/Patents Law (general) Fout in echtscheiding
Until a few years ago, Belgian marital law involved the concept of divorce on the grounds of "fout". In a practical sense, the term "fout" would usually involve adultery by either of the spouses, which, if established by a private detective or a bailiff (photographs and/or other evidence) and brought before the Court as part of divorce proceedings would see the Court pronounce the divorce on the grounds of "fout". As this was considered an offence, the decree absolute would be pronounced against the adulterer/adultress (more often than not involving punitive measures included as part of the ruling).
Would anyone have an idea how best to translate the concept of 'echtscheiding op grond van fout'. Any help greatly appreciated.
Thank you.
Proposed translations (English)
4 +2 fault divorce (with grounds for divorce)
4 +1 culpable in divorce
3 divorce for adultery
References
Culpability

Proposed translations

+2
15 mins
Selected

fault divorce (with grounds for divorce)

A spouse can select either a no fault divorce or a 'fault divorce'. Why choose a fault divorce? Some people don't want to wait out the period of separation required by their state's law for a no fault divorce. And in some states, a spouse who proves the other's fault may receive a greater share of the marital property or more alimony.

The traditional fault grounds are:

cruelty (inflicting unnecessary emotional or physical pain) -- this is the most frequently used ground
adultery
desertion for a specified length of time
confinement in prison for a set number of years, and
physical inability to engage in sexual intercourse, if it was not disclosed before marriage.


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Note added at 18 mins (2010-06-10 08:56:07 GMT)
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http://family-law.freeadvice.com/divorce_law/fault_divorce.h...

What is Fault Divorce?:
A "fault" divorce is one in which one party blames the other for the failure of the marriage by citing wrongdoing. Grounds for fault can include adultery, physical or mental cruelty, desertion, alcohol or drug abuse, insanity, impotence or infecting the other spouse with a venereal disease.


Reference:

http://www.divorcelawinfo.com/pages/grounds.html

Note from asker:
Thank you very much, Carolyn. This would certainly appear to be appropriate term. Much appreciated.
Peer comment(s):
agree tshwanedje
16 mins
thank you
agree Kitty Brussaard
12 hrs
Something went wrong...
4 KudoZ points awarded for this answer.
10 mins

divorce for adultery

Note from asker:
Thank you Nerino.
Peer comment(s):
neutral Carolyn Gille : sorry, I've never heard of 'divorce for adultery'
6 mins
neutral Buck : how about on grounds of adultery?
1 day 44 mins
Something went wrong...
+1
4 hrs

culpable in divorce

Culpability in a divorce is often ground for determining the damages due by the party responsible for the break-up. This is what is meant in Belgian law.
Note from asker:
Thanks very much for your valued contribution.
Peer comment(s):
agree Tina Vonhof (X) : culpability.
1 hr
Something went wrong...

Reference comments

6 hrs
Reference:

Culpability

The reference below is from a book about divorce in Belgium:

http://books.google.ca/books?id=fNwjZg0r8RgC&pg=PA160&lpg=PA...
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