Glossary entry

Spanish term or phrase:

escritura publica de matrimonio

English translation:

public record of marriage

Added to glossary by Edward Tully
Dec 17, 2010 17:01
13 yrs ago
60 viewers *
Spanish term
Change log

Dec 31, 2010 07:16: Edward Tully Created KOG entry

Discussion

Catherine Gilsenan (asker) Dec 20, 2010:
Correction Thank you, Charles and AllegroTrans. I see what you mean. I have amended it according to your suggestion: affidavit of notarised public instrument of marriage'.
Charles Davis Dec 20, 2010:
Well, I wasn't going to write further on this since I thought it was all over and done with (and I dare say it is), but for what it's worth I think AllegroTrans has a point. OK, I see from the discussion that your document says "testimonio de escritura...", and conceivably such an affidavit is notarised, though it doesn't appear to say so, but what is certainly notarised in El Salvador is the instrument of marriage itself. So it would apparently be more accurate to say "affidavit of notarised public instrument of marriage" (or just "notarised instrument" or just "public instrument"). "Instrument", by the way, strikes me as an acceptable solution for "escritura".
AllegroTrans Dec 20, 2010:
@ asker "Notarised affidavit" is rather a contradiction, I suggest. An affidavit would only be notarised if it was being sworn in one country and sent for use in another, and even then, that is not always necessary. What is being referred to in your text is quite possibly a document either certified by or sworn in front of a notary but I would be very surprised if it were a notarised affidavit. The act of notarising a document and swearing the contents of a document such as an affidavit must be construed as 2 separate functions.
Catherine Gilsenan (asker) Dec 20, 2010:
So much for machine translation! Thank you all so very much for your helpful research and suggestions. After consideration, and bearing in mind there does not seem to be any adequate translation in English, I am going to leave in the orginal in Spanish, then add in parenthesis 'Notarised Affidavit of Public Instrument of Marriage' which seems to me to describe it appropriately.
Charles Davis Dec 19, 2010:
By the way, the salvalex.com site doesn't have an English translation of its Modelo de Escritura Pública de Matrimonio, but when you press the red "translate" button at the bottom, it produces "Public Writing Sample Marriage". A catchy title, I'm sure you'll agree. So there's your answer, Catherine: this is a Public Writing Marriage.
Charles Davis Dec 19, 2010:
What is this doc? I've been reading the latest exchanges with interest. Could I just invite anyone who wants to know what this document is to have a look at the model at the web address I posted in my answer (http://www.salvalex.com/en/templates--forms/11-otros-formato... . I don't think I've seen a document like this from another country: one that does not record the fact that the marriage has taken place in the way a marriage certificate or American record of marriage does, but in which the officiating notary actually narrates the ceremony. The escritura/partida distinction is surely crucial, and you must find a term that makes it clear this is not the partida.
Noni Gilbert Riley Dec 19, 2010:
Thanks again Catherine My experience is from Spain, so won't take us much further.
My only additional comment which may be of use is to confirm that when a document is set on public record/registered, it becomes an even more binding legal contract known in Spanish as an escritura (the most common meaning of escritura is title deeds, but it has a far wider range than that).
Catherine Gilsenan (asker) Dec 19, 2010:
Country It's El Salvador
Noni Gilbert Riley Dec 19, 2010:
A little confusing indeed Thanks for the additonal information, Catherine

But I would still be interested to know which country issued this documentation. For me it sounds like sth parallel similar to the Spanish system of Libro de Familia - and I have spent the last half hour looking for ours, to no avail, so am now thoroughly concerned!!
Catherine Gilsenan (asker) Dec 19, 2010:
Context Sorry about the lack of context.
I should have explained that what I have is not exactly a marriage certificate. It is a certified copy of an entry of birth, with added notes saying that, and referring to the Libro de Marginaciones, that 'la inscrita' (the person named on the birth certificate) was married on such and such a date 'segun Testimonio de Escritura Publica de Matrimonio que se tuvo a la vista'. The other problem is that this is document for translation is not exactly a marriage certificate. I don't know what to call it - my client is taking it as a marriage certificate.
AllegroTrans Dec 18, 2010:
well, you know what we say.... zero context in = zero context out
Yvonne Gallagher Dec 18, 2010:
context?
AllegroTrans Dec 17, 2010:
Asker, as you can see, you are getting widely varying suggestions
It would help if you could provide some context here please. 2 requests have been posted for you.
Noni Gilbert Riley Dec 17, 2010:
Where's your doc from Catherine? That lonely dash is like a red rag to a bull for some of us context fiends ;-)
AllegroTrans Dec 17, 2010:
Context Do you have this document? What does it say?

Proposed translations

+3
26 mins
Selected

public record of marriage

May be the actual certificate or not...
North Carolina History Project : Marriage, History of - [ Traducir esta página ]The license became the only official public record of marriage. The Registers of Deeds kept consistently good books, and the recording of marriages became ...
www.northcarolinahistory.org/commentary/141/entry - En cachéSection - [ Traducir esta página ]... copy of the public record of marriage, certified or attested; (2) An abstract of the public record, containing sufficient data to identify the parties, ...
edocket.access.gpo.gov/cfr.../28cfr74.14.htm - Estados Unidos - En cachéBrowse Next - Electronic Code of Federal Regulations: - [ Traducir esta página ]26 Nov 2010 ... (1) A copy of the public record of marriage, certified or attested;. (2) An abstract of the public record, containing sufficient data to ...
ecfr.gpoaccess.gov/cgi/t/.../text-idx?c... - En caché2004 Social Security Explained - Resultado de la Búsqueda de libros de Google
C C H, Incorporated, Avram Sacks, CCH Incorporated - 2004 - Political Science - 420 páginas
... public record of marriage.
books.google.es/books?isbn=0808010719...28 CFR 32.12 - Determination of relationship of spouse. - Code of ... - [ Traducir esta página ]... one (or more) of the following types of evidence in the following order of preference: (1) Copy of the public record of marriage, certified or attested, ...
cfr.vlex.com/.../12-determination-relationship-spouse-19676699 - Estados UnidosSurviving Spouse and Children - [ Traducir esta página ]certified copy of the public record of marriage;; certified copy of the church record of marriage;; marriage Certificate;; signed statement by clergyman or ...
www.fm/.../Surviving Spouse and Children.htm - En caché - Similares
Peer comment(s):

agree Mónica Algazi
28 mins
thank you Mónica! ;-)
agree redjen33
2 hrs
many thanks! ;-)
agree Trujaman
4 hrs
thank you! ;-)
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4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
6 mins

Public Declaration of Marriage /Public Nuptial Declaration

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10 mins

public marriage certificate

A marriage certificate is a legal document that allows two individuals to wed, or proclaims them as a legally married couple. In most areas, a couple must obtain a marriage license prior to the ceremony. After the event, a marriage certificate is usually signed by the newly married couple, as well as the person who performed the ceremony, and by any official witnesses.

Some states incorporate the marriage certificate with the marriage license to create a single document. This is typically then resubmitted to a court or a government office, so that the couple can obtain an official marital document. This is then used as proof of the pair's status as a married couple.

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12 mins

public record marriage certificate

HTH
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1 hr

civil marriage certificate

my first thought
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3 hrs

notarial act of marriage

Or perhaps "public act of marriage" or just "act of marriage", but I think both these could lend themselves to misinterpretation, since in this case "act" means a document not an action.

I think it is difficult to find the right term here, and it is perhaps significant that in the advice the US Government offers its citizens on marriage in El Salvador, as quoted by Trujaman in his reference, the term "Escritura Pública de Matrimonio" is left in Spanish.

As to exactly what this document is and says, this can be seen from the template ("Modelo de Escritura Pública de Matrimonio") available at http://www.salvalex.com/en/templates--forms/11-otros-formato... . It is a statement by a notary, recording the actual process of the marriage. In El Salvador, this is necessarily a civil ceremony; you can have a church ceremony afterwards as well if you want.
I won't reproduce the text, because this web page won't allow you to copy bits and it would take too long to write it out by hand, but the notary states how (s)he established the contracting parties' identities, saw their birth certificates, confirmed their consent, heard their vows and declared them husband and wife.

Once the couple have this escritura, as the US Govt webpage says, they can use it to obtain their partida, their marriage certificate.

So this escritura is not a marriage certificate; that is the partida, which comes afterwards. Nor, although it records the marriage, should it be called a marriage record or record of marriage, since that term customarily means a certificate and will be misunderstood.
It is an escritura, a notarised deed, but we can't called it a marriage deed or a marriage contract, since these two terms are well established historically as denoting prenuptial agreements.

In the UN Official Document System, "acta matrimonial o en escritura pública de matrimonio" is translated "act of marriage or the public marriage registry" ( http://www.linguee.es/espanol-ingles/search?sourceoverride=n... ) . I think "registry" is not a viable translation for us here. However, "act", particularly since there are objections to all the other possibilities, could do, I think. Much further north, in Canada (or at least in Quebec), marriages can be performed by, among others, "notaries authorized to execute notarial acts", and the act is the document; you can obtain a copy of the "act of marriage" ( http://www.etatcivil.gouv.qc.ca/publications/DEP-50-marriage... )
So I propose to borrow this to cover what sounds like a comparable situation in El Salvador.

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Note added at 3 hrs (2010-12-17 20:05:40 GMT)
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Perhaps, for completeness, I should have added somewhere that it is also not a license/licence, since that comes before the marriage itself.
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2 days 2 hrs

Public Register/Registry of Marriages

with the further context you have given Catherine and the reference from Trujaman I think perhaps this is the term.

The Registrar makes the record in the Registry (the office is usually called the Registry Office and even for religious ceremonies, the Register must be signed by the couple before two witnesses and the official Registrar (which can be the person, including a priest or notary who performs the ceremony) so that the marriage is considered legal.

For example, in France a couple who want to have a religious ceremony must also go to the Registry Office to have the marriage legalised. In other countries, as I've said, the officiator, priest, minister or layman can be the Registrar but the book must be signed.

There are two sets of Birth, Marriage and Death indexes in the UK; the original indexes held by the local register offices and a secondary index created by ...
www.ukbmd.org.uk/ - Cached - Similar

Getting married16 Dec 2010 ... Couples must submit their completed marriage notice forms and any other relevant documents to the Registrar of Marriages in the district ...
www.adviceguide.org.uk/index/your.../getting_married.htm - Cached - Similar


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Note added at 2 days3 hrs (2010-12-19 20:27:42 GMT)
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A civil ceremony should be held (within 60 days of receiving the birth certificate or Escritura de Edad Media) and the couple should sign the Escritura Publica de Matrimonio in the presence of two witnesses. The chosen official will ask the bride which last name she will take at this time. The chosen official will be responsible for entering the marriage in a Duty book and send a photocopy of the entry to the Salvadoran’s original city hall (place of birth).

Immediately after the ceremony the public notary should register the Escritura Publica de Matrimonio at the Salvadoran’s City Hall and give two copies to the respective married individuals. The City Hall’s certification will convert the Escritura into a Partida de Matrimonio.

...Salvadoran law requires that the couple choose one of three patrimonial (prenuptial) regimes. 1) Separation of assets; Each one keeps what is theirs at the moment of the marriage 2) Participation in utility; each individual keeps its pre-marriage assets, however the couple must divide equally the properties that appreciated during the marriage; 3) Division of Assets; divide all assets (initial and accrued) equally at the end of the marriage. The public notary will enter the chosen patrimonial regime in the marriage license.

The law applies in all Salvadoran jurisdictions...

El Salvador's marriage laws are significantly different than those in the U.S. Primarily, it is important to note that, by law, the couple must have a civil ...
sansalvador.usembassy.gov/marriages.html - Cached - Similar


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Reference comments

26 mins
Reference:

A civil ceremony should be held (within 60 days of receiving the birth certificate or Escritura de Edad Media) and the couple should sign the Escritura Publica de Matrimonio in the presence of two witnesses. The chosen official will ask the bride which last name she will take at this time. The chosen official will be responsible for entering the marriage in a Duty book and send a photocopy of the entry to the Salvadoran’s original city hall (place of birth).

Immediately after the ceremony the public notary should register the Escritura Publica de Matrimonio at the Salvadoran’s City Hall and give two copies to the respective married individuals. The City Hall’s certification will convert the Escritura into a Partida de Matrimonio.
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