https://www.proz.com/kudoz/english-to-french/law-general/6736981-%22divorce-before-the-am%22.html
Nov 26, 2019 15:01
4 yrs ago
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English term

"divorce before the AM"

English to French Law/Patents Law (general) law
I am translating a divorce document from English to french and I came across this sentence "On the issue of divorce before the AM guided by the provisions of Section 66 (2) of the Marriage Act which provides grounds of divorce as follows"

Type of document: divorce case document
Country : Kenya
Target audience: French
Specific context : divorce case
Reference: I have search on proZ.com without success
Proposed translations (French)
3 +3 divorce devant le AM
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Proposed translations

+3
1 day 3 hrs
Selected

divorce devant le AM

A legal document referring to "divorce before the..." probably means "before the court" or "before the [type of judge]." In other words, "before" here means "devant," not "avant."

The fact that Section 66 of Kenya's Marriage Act is about civil marriages -- i.e. marriages that began with a civil ceremony, not a religious one officiated by an Imam (Muslim marriages are covered by a different divorce law in Kenya) -- makes it even more likely that "before the AM" means "before the court or judge." In Kenya, Muslim divorces are handled by religious authorities; civil divorces are handled in civil courts.

And it so happens that the judges who hear civil divorce cases in Kenya are called magistrates. Section 2 of the Marriage Act defines "court" as "a resident magistrate's court established under Section 3 of the Magistrates' Courts Act," so when the Marriage Act says "court" (as it does in sections dealing with divorce), it means a magistrate's court.

That's what Section 66(2) is referring to: "A party to a marriage... may only petition the court for... the dissolution of the marriage on the following grounds..." That's the section of the Marriage Act that's at issue in the source text here.

So AM is almost certainly an abbreviation for some type of magistrate. However, although many countries have Assistant Magistrates and some have Associate Magistrates, I was not able to find anything indicating that Kenya does. That makes me lean towards leaving the abbreviation as is, and letting the client know that it likely refers to the magistrate or magistrate's court.

Sources:

Kenya Marriage Act (2014) -- this is the version of the Act that covers grounds for civil (non-Muslim) divorce in Section 66. The previous version of Kenya's Marriage Act didn't have a section 66, so this must be the one they're referring to. An attempted link to a full PDF of the Act is below, but if it doesn't work, here are highlights of the Act: http://kenyalaw.org/kenyalawblog/highlights-of-the-marriage-...


Marriage Act link that hopefully works: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&c...
Peer comment(s):

neutral Françoise Vogel : se pourrait-il que ce soit plutôt "Acting Magistrate" ?
1 hr
Yes, I think you may be right. Google the following and some links come up that support that idea: Kenya "Acting Magistrate"
agree Germaine : avec l'idée devant [type of judge] et la suggestion de Françoise - mais traduire AM
1 day 13 mins
agree Cyril Tollari : "magistrat en exercice" au lieu de AM ?
1 day 14 hrs
If we're reasonably sure "Acting Magistrate" is right, then perhaps "devant le AM [magistrat en exercice]."
agree Ph_B (X) : (Je n'avais pas vu cette réponse !) « devant le magistrat par intérim (acting magistrate) » ?
5 days
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "I found the comments very helpful.I never thought of the "Acting Magistrate" (Magistrat en exercice". The whole document was just badly drafted. Sometimes abbreviations drive me crazy. Wonderful and helpful lessons for me. Thank you Regards. Lucile"

Reference comments

2 hrs
Reference:

AM

magistrate?

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Note added at 2 hrs (2019-11-26 17:15:11 GMT)
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Administrative Magistrate
Peer comments on this reference comment:

neutral Daryo : unlikely - a divorce would not be an administrative matter, but a civil matter.
4 hrs
neutral Eliza Hall : Magistrate yes, administrative no. Per the Kenyan Marriage Act (2014) and other sources, it is magistrates who handle non-Muslim divorce cases.
1 day 55 mins
Something went wrong...
1 day 5 hrs
Reference:

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Magistrate | Revolvy
https://www.revolvy.com › page › Magistrate
In Kenya, there are five categories of magistrates, namely: Resident ..... of the Peace and Unofficial magistrate (also known as Acting magistrate) is an judicial ... Not Dating (2014), Divorce Lawyer in Love (2015), Introverted Boss (2017), ...


Kenya Gazette - Apr 7, 1989 - Page 438 - Google Books Result
https://books.google.it › books
Vol. 91, No. 14 - ‎Magazine
THE KENYA GAZETTE ... P.O. Kitui, and whereas the Acting Magistrate of the Court has, in pursuance of an order ...
Peer comments on this reference comment:

agree Germaine : Tu devrais soumettre une réponse. // Je dirais "juge suppléant"
22 hrs
Reste pour Lucile à traduire à mon avis.
agree Eliza Hall
1 day 18 hrs
agree Ph_B (X) : (Je n'avais pas vu cette référence !). « magistrat par intérim (acting magistrate) » ?
5 days
Something went wrong...