arrêté leurs conventions matrimoniales

English translation: entered into their matrimonial agreements/matrimonial property agreements

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:arrêté leurs conventions matrimoniales
English translation:entered into their matrimonial agreements/matrimonial property agreements
Entered by: Anastasiia_M

17:07 Jan 25, 2021
French to English translations [PRO]
Law/Patents - Certificates, Diplomas, Licenses, CVs / Marriage Certificate
French term or phrase: arrêté leurs conventions matrimoniales
Hello all,

please help me translate this phrase into US English.

Thank you!
Anastasiia_M
United States
Local time: 07:05
entered into their matrimonial agreements/matrimonial property agreements
Explanation:
The FR term is not accurately translated by "prenuptial agreement," because unlike a prenuptial agreement, a convention matrimoniale can be entered into or changed after marriage. A prenup can only be entered into or changed before marriage.

"A prenuptial agreement is entered into before marriage." https://www.legalzoom.com/knowledge/prenuptial-agreement/top...

Since a convention matrimonial can be entered into or changed after marriage, it's a type of legal document that has no exact match in common-law legal systems (or most major ones anyway--I can't speak for all), which is why we don't have a standard EN term for it. HOWEVER, Louisiana law follows the French civil code, so they have these types of agreements. Louisiana law refers to "matrimonial regimes" (régimes matrimoniaux), which "may be legal, contractual, or partly legal and partly contractual." For these contracts, Louisiana law uses the term "matrimonial agreement" (see Art. 2328 here: https://lcco.law.lsu.edu/?uid=84&ver=enfr).

So I would either just use the Louisiana term, or, if you want a more explanatory term, you could say "matrimonial property agreement." Either way, "matrimonial" is preferable to "marital" here because "marital property" has a specific legal meaning in EN that is more limited in scope than the full range of property that could be covered by a convention matrimonial. Termium proposes "marriage agreement," but I find that potentially confusing because it could mean an agreement to get married.

"Définition contrat de mariage: Acte notarié par lequel les futurs époux ou les époux font choix de leur régime matrimonial et fixent le statut de leurs biens pendant le mariage et au jour de la dissolution. La convention matrimoniale a un sens plus large puisqu’elle désigne aussi l’ensemble des dispositions prises par les époux dans le Contrat de mariage." https://www.planete-patrimoine.com/Gestion-de-Patrimoine/Vie...
Selected response from:

Eliza Hall
United States
Local time: 07:05
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +1entered into their matrimonial agreements/matrimonial property agreements
Eliza Hall
3US: settle their prenuptial arrangements UK: adopt their prenuptial agreement
Adrian MM.
3entered into their matrimonial property ownership arrangements
AllegroTrans


Discussion entries: 3





  

Answers


9 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
arrêter leurs conventions matrimoniales
US: settle their prenuptial arrangements UK: adopt their prenuptial agreement


Explanation:
Settle in the sense of finalis/zed and no doubt pre- vs. post-nup, as is possible in Spain and the USA - see the second weblink.

convention matrimoniale in the singular: marriage contract or settlement, Bridge Council of *Europe* Glossary, but conflating the translation of convention de marriage. Navarre: antenuptial agreement.

French Civil Code:

Article 1394

Modifié par Ordonnance n°2005-428 du 6 mai 2005 - art. 7 () JORF 7 mai 2005

Toutes les conventions matrimoniales seront rédigées par acte devant notaire, en la présence et avec le consentement simultanés de toutes les personnes qui y sont parties ou de leurs mandataires.

Article 1395

Les conventions matrimoniales doivent être rédigées avant la célébration du mariage et ne peuvent prendre effet qu'au jour de cette célébration.

A prenuptial agreement is only valid if it is completed prior to marriage. After a couple is married, they may draw up a post-nuptial agreement.

Wiki:

'In most jurisdictions in the United States, five elements are required for a valid prenuptial agreement:

agreement must be in writing (oral prenups are generally unenforceable);
must be executed voluntarily;
full and/or fair disclosure at the time of execution;
the agreement cannot be unconscionable;
it must be executed by both parties (not their attorneys) and often notarized and/or witnessed.'


Example sentence(s):
  • IATE: convention matrimoniale Council en matrimonial property agreement preferred Council marital property agreement Council nuptial agreement Council marriage contract deprecated Council
  • The marriage settlement should not be confused with the modern prenuptial agreement, which is concerned mainly with the division of assets after divorce.

    Reference: http://www.proz.com/kudoz/french-to-english/law-general/4757...
    Reference: http://www.nycbar.org/get-legal-help/article/family-law/mari...
Adrian MM.
Austria
Native speaker of: Native in EnglishEnglish
PRO pts in category: 16

Peer comments on this answer (and responses from the answerer)
neutral  Eliza Hall: Partly but not entirely correct. A convention matrimoniale is not necessarily PREnuptial. It can be entered into after marriage. https://www.planete-patrimoine.com/Gestion-de-Patrimoine/Vie...
12 hrs
  -> It was I who pointed out the post-nup variety + note Art. 1395 : doivent être rédigées avant la célébration du mariage...' I, too, could have lifted the TC's 'entered into' translation: https://www.translatorscafe.com/tcterms/en-US/question.aspx?...
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22 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
entered into their matrimonial agreements/matrimonial property agreements


Explanation:
The FR term is not accurately translated by "prenuptial agreement," because unlike a prenuptial agreement, a convention matrimoniale can be entered into or changed after marriage. A prenup can only be entered into or changed before marriage.

"A prenuptial agreement is entered into before marriage." https://www.legalzoom.com/knowledge/prenuptial-agreement/top...

Since a convention matrimonial can be entered into or changed after marriage, it's a type of legal document that has no exact match in common-law legal systems (or most major ones anyway--I can't speak for all), which is why we don't have a standard EN term for it. HOWEVER, Louisiana law follows the French civil code, so they have these types of agreements. Louisiana law refers to "matrimonial regimes" (régimes matrimoniaux), which "may be legal, contractual, or partly legal and partly contractual." For these contracts, Louisiana law uses the term "matrimonial agreement" (see Art. 2328 here: https://lcco.law.lsu.edu/?uid=84&ver=enfr).

So I would either just use the Louisiana term, or, if you want a more explanatory term, you could say "matrimonial property agreement." Either way, "matrimonial" is preferable to "marital" here because "marital property" has a specific legal meaning in EN that is more limited in scope than the full range of property that could be covered by a convention matrimonial. Termium proposes "marriage agreement," but I find that potentially confusing because it could mean an agreement to get married.

"Définition contrat de mariage: Acte notarié par lequel les futurs époux ou les époux font choix de leur régime matrimonial et fixent le statut de leurs biens pendant le mariage et au jour de la dissolution. La convention matrimoniale a un sens plus large puisqu’elle désigne aussi l’ensemble des dispositions prises par les époux dans le Contrat de mariage." https://www.planete-patrimoine.com/Gestion-de-Patrimoine/Vie...

Eliza Hall
United States
Local time: 07:05
Native speaker of: English
PRO pts in category: 10

Peer comments on this answer (and responses from the answerer)
agree  philgoddard
2 hrs
  -> Thanks.

neutral  Adrian MM.: Article 1395 Les conventions matrimoniales doivent être rédigées avant la célébration du mariage et ne peuvent prendre effet qu'au jour de cette célébration. // No mention of a contrat de mariage 'settlement' + courts can vary or set aside anyway.
20 hrs
  -> But unlike prenups, the contract terms can be changed after marriage. https://www.justifit.fr/b/guides/droit-famille/contrat-de-ma...
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23 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
entered into their matrimonial property ownership arrangements


Explanation:
I may not be correct but I don't think this is about all pre-nuptial arrangements - the official conducting a marriage is not concerned with those. It's simply that the parties are required to declare whether they will have separate or joint owwnership of goods and assets under the so-called Matrimonial Property Regime which operates in many civil law jurisdictions.

Matrimonial property regimes

Your EuropeMarriage has consequences for the property of the spouses. The latter may make arrangements for their income and property. They have the choice of whether or not to develop a regime for their own goods.
The three most common regimes are:

the statutory regime
the separation of property regime
the universal community regime

Here are the basic possibilities for settling the issue of property in marriage. Other regimes exist, and there is also the possibility of concluding a marriage contract. To decide on a matrimonial property regime or have a marriage contract drawn up, contact a notary.

If the spouses do not opt for a specific regime or do not have a marriage contract drawn up, they automatically fall under the statutory regime. During the marriage, the spouses may change their matrimonial property regime by notary.

Further information on matrimonial property regimes can be found at www.notaire.be

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AllegroTrans
United Kingdom
Local time: 11:05
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 89
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