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Die Kosten des Verfahrens werden gegeneinander aufgehoben

English translation: See suggested translation:

05:26 Mar 2, 2002
German to English translations [PRO]
Law/Patents
German term or phrase: Die Kosten des Verfahrens werden gegeneinander aufgehoben
divorce proceedings
erika
English translation:See suggested translation:
Explanation:
The German Kostenaufhebung actually means that each party pays their own extra-judicial costs (eg lawyer's fees) and half of the court costs (court fees).

To say that the parties are sharing the costs would therefore be misleading, as the only cost component they share are the court costs. Although, in theory, the fees charged by their solicitors would be, more or less, the same, there is still the possibility that the solicitor of one party would incur high expenses (travel expenses or similar) which would have to be borne by the party retaining that solicitor and not shared by the other party.

I would therefore suggest the following translation: "The parties share the court costs equally; each party shall bear their own extra-judicial costs."

Btw: Dietl/Lorenz, Legal dico, offers "to offset each other" for gegenseitig aufheben. However, given that the German wording actually contains an entire legal concept, it would be better (and facilitate understanding) if the underlying concept was spelled out as suggested.

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Note added at 2002-03-08 04:12:43 (GMT)
--------------------------------------------------

This addition may be too late - you might have sent out your translation already.
Anyway, I had to translate a South African Court order for dissolution of marriage today from English into German, and the cost decision was worded as follows:
\"The Plaintiff shall bear her own costs arising out of the divorce proceedings and the Defendant shall similarly bear his own costs.\"
In line with my belief that it would be misleading to \"Anglo-Americanise\" (in this case \"Germanise\") concepts that are specific to a fundamentally different legal system, I did not translate this as \"Die Kosten werden gegeneinander aufgehoben\" - this way, everybody understands clearly what this is about - without any pretence.
Selected response from:

Beate Lutzebaeck
New Zealand
Local time: 17:12
Grading comment
Graded automatically based on peer agreement. KudoZ.
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +7See suggested translation:
Beate Lutzebaeck
5 +4The costs to be split between the parties.
Dr. Fred Thomson
5The costs of the proceedings .........
Poornima Iyengar
5Sorry to come back this way, but otherwise no room to respond.
Dr. Fred Thomson
5 -1Expenses ceded reciprocally.
brute (X)
4Court costs...
gangels (X)


  

Answers


10 mins   confidence: Answerer confidence 5/5
The costs of the proceedings .........


Explanation:
Die Kosten des Verfahrens werden gegeneinander aufgehoben.

The costs of the proceedings will be shared by the parties (in question).

HTH


    Reference: http://www.uta-pippig.com/utadverg.htm
Poornima Iyengar
Local time: 10:42
Native speaker of: English
PRO pts in pair: 162

Peer comments on this answer (and responses from the answerer)
agree  echoecho (X): My divorce in Germany
1 hr
disagree  John Kinory (X): See Darien's excellent exposition
14 hrs
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2 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +7
See suggested translation:


Explanation:
The German Kostenaufhebung actually means that each party pays their own extra-judicial costs (eg lawyer's fees) and half of the court costs (court fees).

To say that the parties are sharing the costs would therefore be misleading, as the only cost component they share are the court costs. Although, in theory, the fees charged by their solicitors would be, more or less, the same, there is still the possibility that the solicitor of one party would incur high expenses (travel expenses or similar) which would have to be borne by the party retaining that solicitor and not shared by the other party.

I would therefore suggest the following translation: "The parties share the court costs equally; each party shall bear their own extra-judicial costs."

Btw: Dietl/Lorenz, Legal dico, offers "to offset each other" for gegenseitig aufheben. However, given that the German wording actually contains an entire legal concept, it would be better (and facilitate understanding) if the underlying concept was spelled out as suggested.

--------------------------------------------------
Note added at 2002-03-08 04:12:43 (GMT)
--------------------------------------------------

This addition may be too late - you might have sent out your translation already.
Anyway, I had to translate a South African Court order for dissolution of marriage today from English into German, and the cost decision was worded as follows:
\"The Plaintiff shall bear her own costs arising out of the divorce proceedings and the Defendant shall similarly bear his own costs.\"
In line with my belief that it would be misleading to \"Anglo-Americanise\" (in this case \"Germanise\") concepts that are specific to a fundamentally different legal system, I did not translate this as \"Die Kosten werden gegeneinander aufgehoben\" - this way, everybody understands clearly what this is about - without any pretence.



    Prof. exp. as German/NZ lawyer
Beate Lutzebaeck
New Zealand
Local time: 17:12
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in pair: 2079
Grading comment
Graded automatically based on peer agreement. KudoZ.

Peer comments on this answer (and responses from the answerer)
agree  Kathi Stock
19 mins
agree  Alison kennedy (X)
1 hr
agree  Sandra Schlatter
2 hrs
agree  Hans-Henning Judek: Absolutely correct!
2 hrs
agree  Ulrike Lieder (X)
9 hrs
neutral  Dr. Fred Thomson: Good explanation, as usual, but at least in the U.S. the courts would eschew the wordy, perfectionistic translation and use the standard, short-cut expression.
11 hrs
  -> Fair enough-the US courts may use diff expressions. However what we are dealing with here is a decision by a German court + I would certainly prefer an xlation that does not purport to be an original US term used for a similar but not exactly same concept
agree  msebold: Darien should get the points if the context of the translation requires an explanation of the concept (he was first).
12 hrs
agree  John Kinory (X): Excellent
12 hrs
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6 hrs   confidence: Answerer confidence 5/5 peer agreement (net): -1
Expenses ceded reciprocally.


Explanation:
Divorce proceedings legal expenses shall by mutual consent be ceded reciprocally.

brute (X)
PRO pts in pair: 255

Peer comments on this answer (and responses from the answerer)
disagree  Kim Metzger: Utter nonsense.
1721 days
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9 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Court costs...


Explanation:
shall be shared in equal parts by the [two] parties.

gangels (X)
Local time: 23:12
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in pair: 5559
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10 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +4
The costs to be split between the parties.


Explanation:
This is the squib that is usually used by the court in the United States to say that each party shall pay its own costs and share in the court costs.
This is a standard phrase. I did not make it up. There is no need for a long-winded expression. if the readers in our the profession or are Americans.
It is quite rare for a judge to order one party to pay the other's costs in any kind of proceedings. It almost never happens in divorces.
Therefore, it is understood that each pays his/her own attorney, etc.
20 years of lawyering and 21 years of translating

Dr. Fred Thomson
United States
Local time: 23:12
Native speaker of: English
PRO pts in pair: 5861

Peer comments on this answer (and responses from the answerer)
agree  ingot: There's no substitute for experience!
11 mins
  -> Thank you.
agree  Lydia Molea
1 hr
  -> Thankyou, Lydia.
agree  msebold: Fred should get the points if the audience is familiar with the concept, and the context of the translation merely requires noting that this is how thing will proceed.
4 hrs
  -> Thanks for your fair analysis.
agree  Barbara Schulten, MSc (OXON), DPSI
1 day 3 hrs
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19 hrs   confidence: Answerer confidence 5/5
Sorry to come back this way, but otherwise no room to respond.


Explanation:
The question really is: How easy is it to read the translation and does it make good sense to the reader. Does it flow? Do we understand? If we take the tack that Darien suggests in her reply to my response, we will have to give up the use of idiomatic translation and translate literally, leaving in all the stiff,stilted and over-technicalized German. Won't that be fun?

Dr. Fred Thomson
United States
Local time: 23:12
Native speaker of: English
PRO pts in pair: 5861
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