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  3. Law (general)

je zur Hälfte

English translation: divided into shares of SFr 869.60 each among the parties

16:22 Jul 22, 2016
German to English translations [PRO]
Law (general) / Separation agreement under Swiss law
German term or phrase: je zur Hälfte
This is from a Swiss separation agreement. The spouses are separating but remain married. The court case deals mainly with the maintenance which the father has to pay for his son.

At the end of the court ruling is this sentence:

Die Gerichtskosten werden den Parteien je zur Halfte mit Fr.
869.60 auferlegt.

Does this mean that the total court costs are 869.60 Swiss francs and the parties pay half of this sum each or that the total sum is twice this amount so each party pays 869.60 Swiss francs each?
Stephen Old
United Kingdom
Local time: 02:33
English translation:divided into shares of SFr 869.60 each among the parties
Explanation:
I thought Phil's solution was the most plausible one until I checked some sources. The following suggests that we might have gotten this wrong...

"4. Die Gerichtskosten, bestehend aus einer Gerichtsgebühr von Fr. 1'000.--,
einer Kanzleigebühr und den Auslagen von Fr. 700 (...), zusammen Fr.
1'700.--, werden den Parteien je zur Hälfte mit Fr. 850.-- auferlegt." http://www.polyreg.ch/d/informationen/bgeunpubliziert/Jahr_2...

--------------------------------------------------
Note added at 12 hrs (2016-07-23 04:41:33 GMT)
--------------------------------------------------

Oh dear. It has been hinted that the language above may not stand up in a court of law. Perhaps the following wording will do the trick?

"will be borne by the parties in equal shares of SFr 869.60."

Selected response from:

Michael Martin, MA
United States
Local time: 21:33
Grading comment
Dear Michael,

Thank you for your answer. sorry i have not awarded the points until now but I delivered this translation on sunday / Monday and then I had to do another one for today. I did not use your wording but the way you set out your answer made me re-look at the source text. the sentence I posted here came from my Xliff file in Studio. I could not see from this that the S.Fr 869.60 was in fact half of the toal costs of S Fr 1,739.20. I could only see this when I went back to the source text outside of Studio.
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +4each pays half of SFr 869.60
philgoddard
4 +2to be split equally (between the parties)
Andrew Bramhall
4to be imposed equally
Tatijana Kostovska
3 +1divided into shares of SFr 869.60 each among the parties
Michael Martin, MA


Discussion entries: 11





  

Answers


6 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +4
each pays half of SFr 869.60


Explanation:
I can't provide any brilliant grammatical insights as to why this is. But I've never seen a court actually do the calculation and say how much each party owes.

philgoddard
United States
Specializes in field
Native speaker of: English
PRO pts in category: 198

Peer comments on this answer (and responses from the answerer)
agree  Daniel Arnold (X): agree with your take on it, it's expressed similarly in Swiss template separation agreements avaiable online.
14 mins
neutral  Michael Martin, MA: Brilliant grammatical insights sometimes get in the way/No longer looks as cut and dried as in the beginning
40 mins
agree  AllegroTrans
47 mins
agree  franglish
1 hr
disagree  Andrew Bramhall: Don't agree, sorry; definitely not how legal documents express it.
1 hr
  -> This is an explanation of what I believe to be the meaning. Stephen is perfectly capable of choosing his own translation.
agree  Cilian O'Tuama: The more likely of the two, IMO, though I tended towards MMMA's line of thinking at first. Author could have avoided all ambiguity by writing 'Die Gerichtskosten i.H.v. 869 werden..."
1 day 7 hrs
agree  British Diana
4 days
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
to be split equally (between the parties)


Explanation:
Court costs of SFr 869.60 shall be split/ divided equally between both parties ( each paying 50% of the total).
The final line of a court ruling would not express it as "each pays half of SFr 869.60"; the wording would be along the lines of " ( enter amount in question) to be split/ divided equally,..."

Andrew Bramhall
United Kingdom
Local time: 02:33
Native speaker of: Native in EnglishEnglish
PRO pts in category: 28

Peer comments on this answer (and responses from the answerer)
agree  Rosa Paredes: Yup.
25 mins
  -> Thanks;that's how it's phrased in legal docs;
neutral  philgoddard: This is what I said. You've just reworded it.
1 hr
  -> There is not one single word of your and my answer which are the same...
neutral  AllegroTrans: Isn't this just a re-wording of the previous answer?
6 hrs
  -> Nope; Phil's answer is not idiomatic legalese; judges don't say to defendants " you have been found "not innocent" of the charge" do they? They say " guilty".
agree  Wendy Streitparth: Agree with split/divided equally, but actual amount seems ambiguous to me.
17 hrs
  -> Thanks!
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
to be imposed equally


Explanation:
Here is another idea:

to be imposed on both parties equally

or

to be borne by both parties equally


    Reference: http://www.linguee.de/deutsch-englisch/search?source=auto&qu...
Tatijana Kostovska
Germany
Local time: 03:33
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in GermanGerman

Peer comments on this answer (and responses from the answerer)
disagree  AllegroTrans: this is ambiguous and not the term any Judge would use
3 hrs
agree  Andrew Bramhall: agree with ' to be borne by'; but definitely not " imposed upon"!
13 hrs
  -> Thank you!
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
divided into shares of SFr 869.60 each among the parties


Explanation:
I thought Phil's solution was the most plausible one until I checked some sources. The following suggests that we might have gotten this wrong...

"4. Die Gerichtskosten, bestehend aus einer Gerichtsgebühr von Fr. 1'000.--,
einer Kanzleigebühr und den Auslagen von Fr. 700 (...), zusammen Fr.
1'700.--, werden den Parteien je zur Hälfte mit Fr. 850.-- auferlegt." http://www.polyreg.ch/d/informationen/bgeunpubliziert/Jahr_2...

--------------------------------------------------
Note added at 12 hrs (2016-07-23 04:41:33 GMT)
--------------------------------------------------

Oh dear. It has been hinted that the language above may not stand up in a court of law. Perhaps the following wording will do the trick?

"will be borne by the parties in equal shares of SFr 869.60."



Michael Martin, MA
United States
Local time: 21:33
Specializes in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 364
Grading comment
Dear Michael,

Thank you for your answer. sorry i have not awarded the points until now but I delivered this translation on sunday / Monday and then I had to do another one for today. I did not use your wording but the way you set out your answer made me re-look at the source text. the sentence I posted here came from my Xliff file in Studio. I could not see from this that the S.Fr 869.60 was in fact half of the toal costs of S Fr 1,739.20. I could only see this when I went back to the source text outside of Studio.

Peer comments on this answer (and responses from the answerer)
agree  Björn Vrooman: I believe you, as an expert in marketing, will be able to appreciate a thorough vetting of phrases: "share" as a verb ("shared equally") or "shall pay"+"in the amount of." See d-box.//That was the point. Btw, your answer should be chosen as most helpful.
14 hrs
  -> Thanks for the vetting. For translation purposes, the ability to use language effectively is more important than any subject area expertise, IMO.
neutral  Andrew Bramhall: Yep, but you need to put ' equal' before shares, for legal precision! // your re-wording is fine, assuming that is what is meant, and like Wendy above, I sense a certain ambiguity of meaning;
18 hrs
  -> I had already added a razor-sharp solution for those concerns as well. See above.
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