Ausgleichsanspruch

English translation: claim for/entitlement to compensatory adjustment

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Ausgleichsanspruch (Scheidung)
English translation:claim for/entitlement to compensatory adjustment
Entered by: Johanna Timm, PhD

21:08 Dec 4, 2002
German to English translations [PRO]
Law/Patents - Law (general) / divorce settlement
German term or phrase: Ausgleichsanspruch
I know this term is in the glossary, but I'm not sure if claim for compensation is the appropriate term in the following context:
"Trotz der zwischen Ihnen und Ihrer Frau vereinbarten Gütertrennung ergibt sich ein Ausgleichsanspruch Ihrer Frau deshalb, weil die inzwischen sämtlichst auf Ihren Namen gebildeten Vermögenswerte zeitweilig ganz überwiegend aus finanziellen Mitteln geschaffen wurden, die unsere Mandantin, Ihre Frau, erwirtschaftet hat[...]Es ist in der Rechtsprechung anerkannt, dass[...] ein Ausgleichsanspruch entsteht, wenn die letztlich geschaffene Vermögenssituation zu einem Ungleichgewicht geführt hat[...]
Would "claim for/right to equalization payment" work?
Thanks for your input.
Johanna Timm, PhD
Canada
Local time: 17:09
entitlement to [claim for] compensatory adjustment
Explanation:
This is the terminology I'm familiar with from NZ divorce settlements, and since Canada is also a Commonwealth country operating on the basis of similar legal principles, I think this might be more suited than claim for or entitlement to compensation, which would be my second choice.

Interestingly enough, this is also how the EuGH translates Ausgleichsanspruch:
"It follows that the Staff Regulations do not in any way preclude the application of national rules of law of the kind contained in Paragraph 1587 et seq. of the BGB, providing for the ***compensatory adjustment*** of pension rights between divorced spouses."

Btw: sections 1587 et seq. refer to the Versorgungsausgleich and not to the actual matrimonial property settlement, but the term Ausgleichsanspruch is nevertheless used in sections 1587e, 1587h, 1587k, 1578l - the concept of an Ausgleichsanspruch as such is the same.

"Where personal debts are paid or satisfied out of matrimonial property, the Court must make a ***compensatory adjustment*** in favour of the other spouse. The Court may choose to increase that spouse's share of the matrimonial property, deem part of the debtor's separate property to be matrimonial property or order the debtor to pay the other spouse a sum of money. The Court's discretion is limited to choosing what kind of order to make. It does not have a broader discretion to decide whether or not to make any adjustment at all." (Butterworths Family Law in New Zealand - goes on for several pages on compensatory adjustments).

"The Family Court is ‘on the record’ as recognising the effects of the economic consequences of marriage breakdown by considering the roles played by men and women in the marriage and making some ***compensatory adjustment*** accordingly. Equitable sharing of both the advantages and disadvantages flowing from the division of responsibilities was considered and dealt with in Best v Best[13] and Mitchell v Mitchell.[14] In the latter case on the issue of spousal maintenance the Full Court took judicial notice of the AIFS research findings on the economic consequences of marriage in considering the likelihood of a former wife being able to support herself as a nurse, when she had not worked in that profession for 30 years."

"When it appears that the partition cannot be made equal between the parties according to their respective rights without prejudice to the rights and interests of some of them, and a partition is ordered, the court may adjudge compensation to be made by one party to another on account of the inequality, but such compensation shall not be required to be made to others by owners unknown, nor by an infant, unless it appears that such infant has personal property sufficient for that purpose and that his interest will be promoted thereby. In all cases, the court has power to make ***compensatory adjustment*** between the respective parties according to the ordinary principles of equity."
http://www.court.state.nd.us/court/opinions/10470.htm

Well, that almost covers the entire Anglo-American world, couldn't find any specific Canadian references though.

--------------------------------------------------
Note added at 2002-12-05 01:52:40 (GMT)
--------------------------------------------------

Sorry about the huge spaces between paras - didn\'t appear quite like that on my screen.
Selected response from:

Beate Lutzebaeck
New Zealand
Local time: 13:09
Grading comment
Dear Ron , Beate, Darien and Jonathan:
Many thanks to all. Based on the references given by Darien, I think claim for compensatory adjustment works best
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2entitlement to [claim for] compensatory adjustment
Beate Lutzebaeck
4 +1claim to adjustment
Ron Stelter
4claim for compensation
Beate Boudro (X)
3compensatory claim
Jonathan MacKerron


  

Answers


8 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
claim to adjustment


Explanation:
I thought that it what this is getting at, although I'm not sure what the most correct legalese is. Hopefully, some "legal eagles" are still around.

Ron Stelter
Local time: 19:09
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 8

Peer comments on this answer (and responses from the answerer)
agree  Kathi Stock: claim *FOR* adjustment says my dictionary
3 mins
  -> I think either would be possible
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
claim for compensation


Explanation:
I would go with this.

Although I'm not a divorce lawyer, my understanding of the term "claim for equalization payment" is that it is used in the context of community property and the respectively existing claims of the spouses upon divorce. Your text speaks of separate property (Gütertrennung).

This would be consistent with what the attorney points out in this particular letter, namely,that the wife has a claim for compensation, although the marital regime had been "Gütertrennung".

Best regards!

Beate Boudro (X)
United States
Local time: 18:09
Specializes in field
Native speaker of: Native in GermanGerman
PRO pts in category: 44
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4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
entitlement to [claim for] compensatory adjustment


Explanation:
This is the terminology I'm familiar with from NZ divorce settlements, and since Canada is also a Commonwealth country operating on the basis of similar legal principles, I think this might be more suited than claim for or entitlement to compensation, which would be my second choice.

Interestingly enough, this is also how the EuGH translates Ausgleichsanspruch:
"It follows that the Staff Regulations do not in any way preclude the application of national rules of law of the kind contained in Paragraph 1587 et seq. of the BGB, providing for the ***compensatory adjustment*** of pension rights between divorced spouses."

Btw: sections 1587 et seq. refer to the Versorgungsausgleich and not to the actual matrimonial property settlement, but the term Ausgleichsanspruch is nevertheless used in sections 1587e, 1587h, 1587k, 1578l - the concept of an Ausgleichsanspruch as such is the same.

"Where personal debts are paid or satisfied out of matrimonial property, the Court must make a ***compensatory adjustment*** in favour of the other spouse. The Court may choose to increase that spouse's share of the matrimonial property, deem part of the debtor's separate property to be matrimonial property or order the debtor to pay the other spouse a sum of money. The Court's discretion is limited to choosing what kind of order to make. It does not have a broader discretion to decide whether or not to make any adjustment at all." (Butterworths Family Law in New Zealand - goes on for several pages on compensatory adjustments).

"The Family Court is ‘on the record’ as recognising the effects of the economic consequences of marriage breakdown by considering the roles played by men and women in the marriage and making some ***compensatory adjustment*** accordingly. Equitable sharing of both the advantages and disadvantages flowing from the division of responsibilities was considered and dealt with in Best v Best[13] and Mitchell v Mitchell.[14] In the latter case on the issue of spousal maintenance the Full Court took judicial notice of the AIFS research findings on the economic consequences of marriage in considering the likelihood of a former wife being able to support herself as a nurse, when she had not worked in that profession for 30 years."

"When it appears that the partition cannot be made equal between the parties according to their respective rights without prejudice to the rights and interests of some of them, and a partition is ordered, the court may adjudge compensation to be made by one party to another on account of the inequality, but such compensation shall not be required to be made to others by owners unknown, nor by an infant, unless it appears that such infant has personal property sufficient for that purpose and that his interest will be promoted thereby. In all cases, the court has power to make ***compensatory adjustment*** between the respective parties according to the ordinary principles of equity."
http://www.court.state.nd.us/court/opinions/10470.htm

Well, that almost covers the entire Anglo-American world, couldn't find any specific Canadian references though.

--------------------------------------------------
Note added at 2002-12-05 01:52:40 (GMT)
--------------------------------------------------

Sorry about the huge spaces between paras - didn\'t appear quite like that on my screen.


    Reference: http://www.curia.eu.int/en/act/act99/9916en.htm
    Reference: http://www.law.qut.edu.au/about/ljj/editions/v1n2/buckley_fu...
Beate Lutzebaeck
New Zealand
Local time: 13:09
Specializes in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 278
Grading comment
Dear Ron , Beate, Darien and Jonathan:
Many thanks to all. Based on the references given by Darien, I think claim for compensatory adjustment works best

Peer comments on this answer (and responses from the answerer)
agree  writeaway: well, I got as far as entitlement and compensatory but wasn't sure which word had to follow. difference between a legal translator and a legal expert
4 hrs

agree  Ron Stelter: would seem to cover all bases
15 hrs
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11 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
compensatory claim


Explanation:
according to Dietl/Lorenz
also "equalization claim"

Jonathan MacKerron
Native speaker of: English
PRO pts in category: 185
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