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nous avons constaté le défaut de son conjoint

English translation: we have observed her husband's failure [to appear in court]

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23:48 Dec 7, 2004
French to English translations [PRO]
Law/Patents - Law (general)
French term or phrase: nous avons constaté le défaut de son conjoint
'Madame X malgré nos observations ayant persisté dans sa demande, nous avons constaté le défaut de son conjoint.' This is from a 'non-conciliation order' (divorce). Is the last part a standard bit of French legalese? I can't make much grammatical sense out of the sentence as a whole either. Thanks in advance.
xxxBlurbfly
Local time: 11:46
English translation:we have observed her husband's failure [to appear in court]
Explanation:
\Madame x - despite my comments to her - has persisted in her claim, and we have observed her husband's failure to appear in court.

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Note added at 6 mins (2004-12-07 23:55:10 GMT)
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the nous is the lawyer talking..royal we....the lawyer must have advised her in some manner but she is persisting in her claim
Selected response from:

Jane Lamb-Ruiz
Grading comment
Thankyou very much Jane! A very helpful answer.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +3we have observed her husband's failure [to appear in court]Jane Lamb-Ruiz
4 +1we have noted the default of her spouse
NatalieD
4her spouse's failure to complyConnor
4we have noticed that her husband was absent (from court)Finn Skovgaard


  

Answers


6 mins   confidence: Answerer confidence 5/5 peer agreement (net): +3
nous avons constaté le défaut de son conjoint
we have observed her husband's failure [to appear in court]


Explanation:
\Madame x - despite my comments to her - has persisted in her claim, and we have observed her husband's failure to appear in court.

--------------------------------------------------
Note added at 6 mins (2004-12-07 23:55:10 GMT)
--------------------------------------------------

the nous is the lawyer talking..royal we....the lawyer must have advised her in some manner but she is persisting in her claim

Jane Lamb-Ruiz
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in PortuguesePortuguese
PRO pts in category: 610
Grading comment
Thankyou very much Jane! A very helpful answer.

Peer comments on this answer (and responses from the answerer)
neutral  DocteurPC: but the defaut is not necessarily to appear in court - it could be default of payment, for example
20 mins
  -> yes it could be..that's why I put in parens....though I highly doubt it is payment..she can't even get divorced!

agree  Trada inc.
21 mins

disagree  Anna Maria Augustine at proZ.com: Go for default of payment.. Or maybe it's something to do with their children. Anyway, non-conciliation is the beginning of a divorce procedure so she obviously can get divorced if she so chooses!
40 mins
  -> I'm saying she hasn't even got divorced ERGO it;s not about payment probably. I don't understand your comment at all.

agree  Assimina Vavoula
6 hrs

agree  Anne McKee: 'We have noted the failure on the part of her husband to....... It would be a good idea to get more details
6 hrs

agree  VRN
10 hrs
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
nous avons constaté le défaut de son conjoint
we have noticed that her husband was absent (from court)


Explanation:
The usual meaning of "défaut" in a legal context is "in absentia" - absent from court (Collins-Robert FR-EN, Blinkenberg & Høybye FR-DA). If the court theory is confirmed by the context, then an alternative could be "her husband's absence (from court) has been established (by us)". "Failure" implies that something went wrong, but the text simply says that the person was absent - not that he did anything wrong.
However, we could also be talking about "défaut de paiement", although I would have expected that it would have to be detailed what he did not do, e.g. "défaut de son conjoint de payer la pension alimentaire/l'entretien".
The context will most likely tell which is the right answer.
As for divorce in France, you cannot simply go and say you want a divorce if you like. If both agree, they can divorce. If only one wants divorce, (s)he would have to point out why (s)he wants a "divorce pour faute" i.e. why the other has failed to fulfil his obligations in the marriage - squandering money, been unfaithful or violent, neglecting the family etc. Until recently, the failing spouse would be put at a financial disadvantage when dividing assets, but the view to financial gain made people gather witness statement after witness statement against the other, so it often ended in expensive mudslinging exercises and was finally abolished. Finally, after 3 years (I think) of a couple effectively living apart, one can file for divorce.
Temporary maintenance payments can be ordered at an early stage and long time before the divorce is pronounced.

Finn Skovgaard
Local time: 12:46
Native speaker of: Native in DanishDanish
PRO pts in category: 12
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
nous avons constaté le défaut de son conjoint
we have noted the default of her spouse


Explanation:
I think the "nous" stands for the court. Normally, the clerk notes the default to file an appearance, a plea or a reply.

If the "nous" stood for the lawyers, it would be "nous avons FAIT constater le défaut..."

21.01 Noting Default
(1) Where a defendant fails to file and serve his Statement of Defence and the time for doing so has expired, the plaintiff may, upon filing proof of service of the Statement of Claim, require the clerk to note the default.

21.01 Constatation du défaut
(1) Lorsque le défendeur n'a pas déposé et signifié l'exposé de sa défense dans le délai prévu, le demandeur peut, sur dépôt d'une preuve de la signification de l'exposé de la demande, faire constater le défaut par le greffier.

http://www.canlii.org/nb/legis/regl/1982r.73/20040901/partie...



NatalieD
Specializes in field
Native speaker of: Native in FrenchFrench
PRO pts in category: 61

Peer comments on this answer (and responses from the answerer)
agree  JackieMcC: yes
7 hrs
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8 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
nous avons constaté le défaut de son conjoint
her spouse's failure to comply


Explanation:
in spite of repeated demands, we have observed/noted her spouse's failure to comply (with an order)
- the big question is, why did she get married in the first place?

Connor
Local time: 12:46
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 17
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