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RESPONDADOR
(Edn. S.A.N.T.)

Glossary entry

Spanish term or phrase:

Diligencias de Jurisdicción Voluntaria sobre Divorcio POR MUTUO CONSENTIMIENTO

English translation:

Voluntary judicial proceedings concerning Divorce by Mutual Consent

Added to glossary by yolanda Speece
Sep 5, 2022 14:02
1 yr ago
30 viewers *
Spanish term

Diligencias de Jurisdicción Voluntaria sobre Divorcio POR MUTUO CONSENTIMIENTO

Spanish to English Law/Patents Law: Contract(s) DIVORCE DECREE
This is a divorce decree in the state of Tamaulipas. It looks like it is pretty straight forward. This is the title of the divorce decree.

I am thinking it is
VOLUNTARY JUDICIAL PROCEEDINGS CONCERNING DIVORCE OF MUTUAL CONSENT.


What do you all think it is? what kind of "context" could I provide that you could need?

If you need more context, let me know. I will be happy to provide it to you.
Proposed translations (English)
4 Voluntary judicial proceedings concerning MUTUAL CONSENT divorce
4 +4 non-adversarial court proceedings in the matter of a divorce by mutual consent
4 +3 Non-adversarial court proceedings in the matter of a no-fault divorce
3 +1 Non-contentious proceedings for (in the matter of) Divorce by Consent

Discussion

Taña Dalglish Sep 7, 2022:
@Yolanda / @AllegroTrans Yolanda: I agree with AllegroTrans and the many other solid proposals put forth, yet you've apparently chosen a legal term that if "iffy" to say the least (on both sides of the Atlantic). On another note, any contributor, if Yolanda herself does not change the glossary entry can participate and go to the KOG (contribute to this entry) and enter their objections/rationale). Regards to all.
AllegroTrans Sep 7, 2022:
Chosen answer No such thing as "voluntary judicial proceedings"
yolanda Speece (asker) Sep 5, 2022:
HENRY HINDS Because of all sorts of things happening in my life, I had no idea he passed. Thank you for letting me know. I noticed the page said we could look at his glossary for all to see.

How do we access it? He was such a plethora of information and very willing to share! Even in death, his generosity lives on!
Toni Castano Sep 5, 2022:
Remembering (again) Henry Hinds Since this is directly related to the topic, I thought you might also find interesting taking a look at this old query, in which our esteemed colleague Adrian MM also took part (and the great Rebecca):
https://www.proz.com/kudoz/spanish-to-english/law-contracts/...

Time passes by, wisdom always stays.
Good day to you all.
Robert Carter Sep 5, 2022:
No, please go ahead, you made a valid point about a question of substance rather than style. I had always assumed it was the same thing, but that it was the more natural English term.
Myriam Seers Sep 5, 2022:
Haha I feel bad, because your first part is great!
Robert Carter Sep 5, 2022:
@Myriam Thanks for posting that, I wasn't aware of that distinction. Please go ahead and post a new answer yourself (which I will happily agree with), and feel free to use the "non-adversarial" part if you wish!
Myriam Seers Sep 5, 2022:
Per my comment below, it should be a blend of these two: "non-adversarial court proceedings in the matter of a divorce by mutual consent". A no-fault divorce is different than a consensual one. It means that divorce is available without having to prove grounds (such as adultery, for example). So a no-fault divorce is something that is available by law (or isn't), but it doesn't necessarily mean it's on consent. For example, one could have a consensual divorce in a fault-based system (both parties agree that there was adultery and therefore consent to the divorce), or a non-consensual divorce in a no-fault system (the parties need not prove fault, but nevertheless refuse to consent to a divorce order.)
I don't want to propose a new translation given that I think both are 50% right, but if either of you adjusts your translation to the above, I will agree with it!

Proposed translations

6 mins
Selected

Voluntary judicial proceedings concerning MUTUAL CONSENT divorce

I believe you were already almost on target
Peer comment(s):
disagree AllegroTrans : They are "voluntary jurisdiction proceedings" and the correct term is "divorce by mutual consent"
6 mins
agree philgoddard : Nothing wrong with this. Robert's dictionary reference says "mutual consent".
16 mins
Something went wrong...
4 KudoZ points awarded for this answer.
+3
16 mins

Non-adversarial court proceedings in the matter of a no-fault divorce

Something along those lines might be sufficient.
I cobbled this together from Javier Becerra, Dictionary of Mexican Legal Terminology, 2nd ed.

"diligencias de jurisdicción voluntaria - non-adversarial court proceedings, court case involving no opposition or a justiciable controversy, non-justiciable cause; in rules of civil procedure, non-adjudicative proceedings available to a party to individually request a court to make a ruling (such as to clarify a rights that are in doubt) or to take some action (such as approving an adoption, appointing a guardian..." (p. 432)

"divorcio pur mutuo consentimiento - divorce by mutual consent, no-fault divorce." (p. 448)
Peer comment(s):
agree AllegroTrans : Yes, "Non-adversarial" is rather better than "voluntary jurisdiction" but I think "divorce by consent" - which follows from the ST - would be better
7 mins
Thanks, Chris, just giving another option.
neutral philgoddard : I don't feel this is an improvement on Gabriel José's answer.
8 mins
agree Andrew Bramhall : Sounds good to me! Better legalese, which also flows more smoothly. But doubtless a certain gent will drop by shortly to take umbrage ,and offer a more convoluted version!)
54 mins
Thanks, Andrew.
neutral Myriam Seers : Agree with the first part but also agree that "mutual consent" is more accurate than "no-fault": "no-fault" means that divorce is available without proving grounds (like adultery, etc.). If you post "non-adversarial ... mutual consent", I will agree!
1 hr
Thanks, Myriam, see my discussion entry.
neutral Jennifer Levey : Agree with Myriam - 'mutual consent', to avoid extrapolating beyond what the ST actually says.
1 hr
Thanks, Jennifer, noted. I've asked Myriam to post her answer.
agree Toni Castano : Mr Robert Carter, todo un caballero. My recognition, señor.
2 hrs
Jajaja, ¡gracias, Toni!
neutral Adrian MM. : Excuse me, Robert, but 'non-adversarial', defined against the Common Law tradition, IMO connotes the Roman civil-law *inquisitorial* tradition of the judge managing the proceedings vs. the parties by 'adversarial jousting' ('party disposition').
2 days 35 mins
Thanks, Adrian, I didn't click to what you meant at first, but your correction is clear. I think you're spot-on and that "non-contentious" is the way to go.
Something went wrong...
+4
1 hr

non-adversarial court proceedings in the matter of a divorce by mutual consent

Proposing this one although @Robert Carter deserves credit for the very elegant first part and @Gabriel deserves credit for the second part. See discussion entry.
Peer comment(s):
agree Robert Carter
7 mins
Thanks, Robert. Wish points were transferable, in whole or in part!
agree Jennifer Levey
9 mins
agree Toni Castano : You all deserve the points in this case, señora.
30 mins
agree AllegroTrans
55 mins
neutral Adrian MM. : Non-adversarial, as you will know from the Anglo-Am.-Can. Common Law tradition, connotes the Roman civil-law *inquisitorial* tradition of the mag. / judge managing the proceedings vs. the parties by 'adversarial jousting'.
1 day 23 hrs
Something went wrong...
+1
3 hrs
Spanish term (edited): Diligencias de Jurisdicción Voluntaria sobre Divorcio por Consentimiento Mutuo

Non-contentious proceedings for (in the matter of) Divorce by Consent

Jurisdicción Voluntaria : ex parte procedings. The opposite is 'juicio contencioso'.

Having worked in non-contentious probate & divorces and drafted consent orders for the judge to approvae (''rubber-stamp'), I'm not even sure that the adjective of mutual is required, but I stand corrected.

--------------------------------------------------
Note added at 3 hrs (2022-09-05 17:55:07 GMT)
--------------------------------------------------

The opposite is 'juicio contencioso', *West*.
Example sentence:

Procedimiento de jurisdicción voluntaria non-contentious proceedings Rebecca Jowers

Consent orders are legally binding documents that formalise the specifics of the financial obligations agreed between a divorcing couple // Divorce by Agreement. The spouses don't have to apply for the divorce together, even if they agree on everything .

Reference:

http://www.proz.com/kudoz/spanish-to-english/law-contracts/2877028-diligencias-de-jurisdicción-voluntaria.html

http://www.proz.com/kudoz/spanish-to-english/law-general/1050501-procedimiento-de-jurisdicción-voluntaria.html

Peer comment(s):
neutral AllegroTrans : This is not an improvement on Myriam's answer, why not stretch yourself to agree?; including "mutual" can hardly be considered "fatal" and it is a direct translation from the ST//NB we are in Mexico, not Blighty
7 mins
Non-adversarial, as you will know from ELS: English Legal System/Common Law, connotes the civil-law *inquisitorial* tradition of the mag./judge managing the proceedings vs. the parties by 'dispositive right'. NB there is no 'mutual' in E&W consent orders
agree Robert Carter : I have to say I think "non-contentious" is better, though "mutual consent" seems better than simply "consent", if only for clarification of who's doing the consenting.
1 day 21 hrs
Something went wrong...
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