quebrantamiento de la convivencia

English translation: breakdown of the relationship

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:quebrantamiento de la convivencia
English translation:breakdown of the relationship
Entered by: Rosana Maciel

03:07 Dec 2, 2016
Spanish to English translations [PRO]
Law/Patents - Law (general) / Divorce decree
Spanish term or phrase: quebrantamiento de la convivencia
Es una resolución relativa al divorcio en un ocumento de Ecuador, que es para Canadá.
Para más contexto, explica en algunos de los motivos del divorcio:

"La pérdida del afecto conyugal no basta para que proceda el divorcio, si no va acompañado del incumplimiento de los deberes conyugales, que sobreviene del quebrantamiento de la convivencia..."

Rupture of cohabitation?
Rosana Maciel
Canada
Local time: 00:51
breakdown of the relationship
Explanation:
I would stick with 'breakdown' which is commonly used in Canada and closer to the Spanish meaning:

In 1986 a revised Divorce Act (1985) was proclaimed in force. The revised act included a "no-fault" divorce and the sole reason for divorce now is marriage breakdown, which is defined as either living apart for at least one year or committing adultery or treating the other spouse with physical or mental cruelty.
http://www.thecanadianencyclopedia.ca/en/article/marriage-an...

Although in Spain there is much debate about whether you can 'quebrar la convivencia' while still living in the same house

La Justicia aceptó el divorcio de una pareja que seguirá viviendo en la misma casa
Para los jueces alcanza con que no compartan el lecho conyugal

Los jueces remarcaron que “la separación de hecho implica el quebrantamiento de la convivencia por el alejamiento físico producido entre los cónyuges, más allá de que permanezcan viviendo bajo el mismo techo, con incumplimiento total y absoluto de los deberes matrimoniales”.
http://www.clarin.com/sociedad/Justicia-divorcio-pareja-segu...

The Divorce Reform Act (1971) defined the grounds for divorce as 'the irretrievable breakdown of the marriage',
http://www.blacksacademy.net/content/3247.html

And, I prefer 'relationship' to 'marriage/marital' as convivencia can refer to any type of living together.

convivir [Conjugar el verbo convivir]
Del lat. convivĕre.
1. intr. Vivir en compañía de otro u otros.
http://dle.rae.es/?id=AhWzQrv
Selected response from:

Jane Martin
Local time: 05:51
Grading comment
Muchas gracias!
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +5breakdown of the relationship
Jane Martin
4 -1inability to get along/live together [peacefully]
Robert Carter
3 -1marital separation
Francois Boye
Summary of reference entries provided
Reference (E&W) fwiw
AllegroTrans

Discussion entries: 1





  

Answers


24 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
marital separation


Explanation:
my take

Francois Boye
United States
Local time: 00:51
Native speaker of: Native in FrenchFrench
PRO pts in category: 129

Peer comments on this answer (and responses from the answerer)
disagree  AllegroTrans: it is separation but the text contains the cause and you have omitted this
3 days 21 hrs
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6 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +5
breakdown of the relationship


Explanation:
I would stick with 'breakdown' which is commonly used in Canada and closer to the Spanish meaning:

In 1986 a revised Divorce Act (1985) was proclaimed in force. The revised act included a "no-fault" divorce and the sole reason for divorce now is marriage breakdown, which is defined as either living apart for at least one year or committing adultery or treating the other spouse with physical or mental cruelty.
http://www.thecanadianencyclopedia.ca/en/article/marriage-an...

Although in Spain there is much debate about whether you can 'quebrar la convivencia' while still living in the same house

La Justicia aceptó el divorcio de una pareja que seguirá viviendo en la misma casa
Para los jueces alcanza con que no compartan el lecho conyugal

Los jueces remarcaron que “la separación de hecho implica el quebrantamiento de la convivencia por el alejamiento físico producido entre los cónyuges, más allá de que permanezcan viviendo bajo el mismo techo, con incumplimiento total y absoluto de los deberes matrimoniales”.
http://www.clarin.com/sociedad/Justicia-divorcio-pareja-segu...

The Divorce Reform Act (1971) defined the grounds for divorce as 'the irretrievable breakdown of the marriage',
http://www.blacksacademy.net/content/3247.html

And, I prefer 'relationship' to 'marriage/marital' as convivencia can refer to any type of living together.

convivir [Conjugar el verbo convivir]
Del lat. convivĕre.
1. intr. Vivir en compañía de otro u otros.
http://dle.rae.es/?id=AhWzQrv

Jane Martin
Local time: 05:51
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 108
Grading comment
Muchas gracias!

Peer comments on this answer (and responses from the answerer)
agree  Marcelo Tavella
19 mins
  -> Gracias.

agree  JeanShearer
1 hr

agree  Robin Levey
1 hr

agree  Richard Vranch
21 hrs

agree  AllegroTrans
3 days 15 hrs
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15 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
inability to get along/live together [peacefully]


Explanation:
I think something like this would be sufficient here.



--------------------------------------------------
Note added at 12 hrs (2016-12-02 15:49:39 GMT)
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I had thought about using "marital breakdown" or "breakdown in the relationship" before deciding on this, because it seems to me "quebrantamiento de la convivencia" refers to a specific aspect of the relationship, particularly because it mentions a "supervening" reason that would make the case for divorce more compelling. I read your text as saying the following:

"Loss of affection is insufficient grounds for divorce, unless it is accompanied by a breach of spousal duties, quite apart from the inability to live together peacefully...."

If you look at references to "marital breakdown" or "relationship breakdown", it seems to refer to a broader set of criteria, two of which are already mentioned in the very phrase you posted, i.e. "loss of marital affection", "breach of marital duties". It seems to me that this "quebrantamiento de la convivencia" is a third element which, combined with the other two, would be seen as grounds to cite a breakdown in the marriage or relationship as a whole.

Here is an example of how one criterion alone is often not enough to lead to a complete or "irretrievable" breakdown, talking about predictable patterns of marriage breakdown:

Conflict by itself doesn't predict marriage problems. Some couples fight a lot but somehow never manage to lose respect for each other. Once contempt sets in, however, the marriage is on shaky ground.
https://www.mentalhelp.net/articles/predictable-patterns-of-...




--------------------------------------------------
Note added at 4 days (2016-12-06 15:51:03 GMT)
--------------------------------------------------

I don't think we should be too quick to try fitting one system's grounds for divorce into another's. Here is an example of what grounds for divorce look like in the Navajo Nation (US):

Divorce on the Navajo Nation: Grounds and requirements

What are the grounds for divorce on the Navajo Nation?
A. Underage. The person asking for a divorce (the “Petitioner”) was under age 18 when (s)he got married. This is not grounds if the Petitioner freely lived with the other person as husband and wife after reaching age 18.
B. Former marriage. If the husband or wife was already married to someone else (including common law marriage) when they married each other.
C. Adultery. Unlawful voluntary sexual intercourse of a married person with one of the opposite sex.
D. Abandonment/Expulsion. If either person willfully abandoned the other, or caused the Petitioner to leave against his/her wishes, for a period of six months before filing for divorce.
E. Alcohol/narcotics. When one of the spouses uses alcohol or drugs habitually to the mental anguish of the other.
F. Abuse. When one spouse inflicts “grievous bodily injury or grievous mental suffering” on the other.
G. Neglect. When the husband fails to support his family “according to his means, station in life, and ability.”
H. Inability to live together in agreement and harmony.
I. Pregnancy by another man. In the husband’s favor if the wife was pregnant by another man when she married her husband, and the husband was unaware of it. The divorce must be filed within a reasonable time after the husband learns of the (true nature of the) pregnancy.
J. One-year separation. Voluntary separation of the husband and wife for one year or more.

http://www.azlawhelp.org/articles_info.cfm?mc=9&sc=89&articl...

Having said that, we really need to be sure first what "quebrantamiento de la convivencia" actually means in terms of Ecuadorian divorce law, something I've been unable to locate.

Robert Carter
Mexico
Local time: 23:51
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 932

Peer comments on this answer (and responses from the answerer)
disagree  AllegroTrans: Right idea but not wording used in divorce law and procedure// the problem here is that grounds for divorce are generally objective and evidence-based (see my reference) but your answer is subjective-based
3 days 21 hrs
  -> Thanks for the input, Chris, but I don't agree that this can be translated as "relationship breakdown," it's too broad. Which then begs the question of how to phrase this concept. I think "inability to live together" is a formal enough phrase.
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Reference comments


4 days peer agreement (net): +1
Reference: Reference (E&W) fwiw

Reference information:
Although I fully realise that individual countries have their own definitions of grounds for divorce, I think the concept of "irretrievable breakkdown of the marriage" is common to many of them.

Divorce in England and Wales
From Wikipedia, the free encyclopedia

Divorce in England and Wales is allowed on the ground that the marriage has irretrievably broken down. The Matrimonial Causes Act 1973 specifies that the marriage may be found to have irretrievably broken down if one of the following is established:

Adultery
Unreasonable behaviour
Desertion (two years)
Separation, agreed divorce (two years)
Separation, contested divorce (five years)

AllegroTrans
United Kingdom
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1373

Peer comments on this reference comment (and responses from the reference poster)
agree  Robert Carter: I'll grant you most of these are objective reasons, but "unreasonable behavior"? I think if anything, that supports my answer. Subjective grounds are a necessity, otherwise one spouse could say their behavior is perfectly normal (or reasonable even).
17 mins
  -> Good point, but E&W caselaw has characterised what amounts to "unreasonable behaviour"; there still has to be "irretrievable breakdown" if this fact is alleged
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