Matrimonial regime

English translation: marital property system

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:Matrimonial regime
English translation:marital property system
Entered by: Jack Doughty

05:51 Apr 22, 2018
English to English translations [PRO]
Law/Patents - Law (general) / Legal system of community of goods
English term or phrase: Matrimonial regime
My wedding certificate from Mauritius states as the Matrimonial Regime as Legal System of Community of goods. What does this mean?
Rosie Hopkins
marital property system
Explanation:
Matrimonial regimes, or marital property systems, are systems of property ownership between spouses providing for the creation or absence of a marital estate, and if created, what properties are included in that estate, how and by whom it is managed, and how it will be divided and inherited at the end of the marriage. Matrimonial regimes are applied either by operation of law or by way of prenuptial agreement in civil-law countries, and depend on the lex domicilii of the spouses at the time of or immediately following the wedding. (See e.g. Quebec Civil Code and French Civil Code, arts. 431-492.). In most Common law jurisdictions, the default and only matrimonial regime is separation of property, though some U.S. states, known as community property states, are an exception. Also, in England, the birthplace of Common law, pre-nuptial agreements were until recently completely unrecognized, and although the principle of separation of property prevailed, Courts are enabled to make a series of orders upon divorce regulating the distribution of assets. (Wikipedia)
Community of goods: common ownership. (Burton's Legal Thesaurus)

Selected response from:

Jack Doughty
United Kingdom
Local time: 21:17
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +4marital property system
Jack Doughty
4 +1focus on the word "legal"
Robin Levey
5Rules for Managing and Dividing Property
MArjan Nasibi


Discussion entries: 4





  

Answers


31 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +4
matrimonial regime
marital property system


Explanation:
Matrimonial regimes, or marital property systems, are systems of property ownership between spouses providing for the creation or absence of a marital estate, and if created, what properties are included in that estate, how and by whom it is managed, and how it will be divided and inherited at the end of the marriage. Matrimonial regimes are applied either by operation of law or by way of prenuptial agreement in civil-law countries, and depend on the lex domicilii of the spouses at the time of or immediately following the wedding. (See e.g. Quebec Civil Code and French Civil Code, arts. 431-492.). In most Common law jurisdictions, the default and only matrimonial regime is separation of property, though some U.S. states, known as community property states, are an exception. Also, in England, the birthplace of Common law, pre-nuptial agreements were until recently completely unrecognized, and although the principle of separation of property prevailed, Courts are enabled to make a series of orders upon divorce regulating the distribution of assets. (Wikipedia)
Community of goods: common ownership. (Burton's Legal Thesaurus)




    https://en.wikipedia.org/wiki/Matrimonial_regime
Jack Doughty
United Kingdom
Local time: 21:17
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 239

Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans: yes, easily researched, but I cringe at "community" and tremble slightly at "regime"
7 hrs
  -> Thank you.

agree  Tina Vonhof
9 hrs
  -> Thank you.

agree  philgoddard
10 hrs
  -> Thank you.

agree  Daryo
12 hrs
  -> Thank you.

neutral  Robin Levey: You've correctly answered the question "as posted" but I suspect that you've not fully dispelled Rosie's doubt.
17 hrs
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3 hrs   confidence: Answerer confidence 5/5
matrimonial regime
Rules for Managing and Dividing Property


Explanation:
When two people get married, certain rules apply to them automatically depending on their matrimonial regime. These rules concern financial aspects of their relationship while they are married.


    Reference: http://https://www.educaloi.qc.ca/en/capsules/matrimonial-re...
MArjan Nasibi
Iran
Local time: 23:47
Native speaker of: Native in Farsi (Persian)Farsi (Persian)

Peer comments on this answer (and responses from the answerer)
neutral  Tina Vonhof: While they are married they can simply come to a mutual agreement on how to manage their property. It is after the marriage/relationship end, that a legal written agreement comes into play.
7 hrs

neutral  AllegroTrans: It's more about ownership and division than management
14 hrs
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18 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
matrimonial regime
focus on the word "legal"


Explanation:
In most jurisdictions there are several possible “matrimonial regimes”. For example, “separation of property” or “joint property”, or what is known in Switzerland (for example) as “participation aux acquêts (fre)” - roughly equivalent to “participación en las ganancicales (esp)” in Chile - , where the last two refer to regimes in which each spouse has a claim on the capital gain acquired on the property acquired by the other while the marriage is valid but they have no claim on the capital itself. (NB: This is not intended as a legal opinion – it’s merely a very simplified attempt to explain some of the underlying principles.)

The “keyword” in the source text (but missing from the question, as posted) is “legal”.

“legal”, in this context, is a pointer to the “default” regime that applies automatically in the event that the married couple have not deliberately (for example, when signing the marriage register, or in a pre-nup agreement) subscribed to one of the other “regimes” available within the jurisdiction’s legislation.

Robin Levey
Chile
Local time: 17:17
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 28

Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans: precisely, and it doesn't translate to "legal"
9 hrs
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