Dutch

[gillyanne]

Hello,
My Son has seperated from his Dutch wife, leaving her and their Son in Holland, he has returned to the Uk. He has received some paper work in Dutch regarding their son/Divorce. Now his wife has translated it over the phone to my son twice and is now nagging him to sign it and return. Hes asked her to get her Solicitor to rewrite it in English, but she is refusing to do this. I have told him not to sign anything regarding their Son/Divorce until he has seen a solicitor. We tried Google Translate, which is really worthless in this case. My son cant afford a Dutch speaking Solicitor. Am I right in thinking that he should not sign these papers even though she translated over the phone? Is the translation from Google translate good enough? Could my Son ask his Solicitor to write to her Solicitor asking for it in English?
Thanks for reading this.

[enaid]

Re: Dutch

Hi and welcome,
I am sorry cant help with the translation, but will say some agreements written in English are hard enough to understand. No way would I sign anythng that came in a foreign language nor trust a google translation or indeed a translation from someone who may or may not be on side.
If your sons ex is so eager for him to sign then it should be her responsibility to make sure he gets the papers in English.

[Kati]

Re: Dutch

He needs it translating into English. I'm looking into it, but I'm sure it is her responsibility (under European legislation - I'll find out the links etc...) to ensure it is properly and legally translated - so that your son can understand it fully before signing!!

He should refuse to sign until it has been translated by a court-recognised translator :tinysmile_twink_t2:

Kati x

[Kati]

Re: Dutch

Translation of claim form or other document

6.45

(1) Except where paragraph (4) or (5) applies, every copy of the claim form or other document filed under rule 6.43 (service through foreign governments, judicial authorities etc.) or 6.44 (service of claim form or other document on a State) must be accompanied by a translation of the claim form or other document.

(2) The translation must be –

(a) in the official language of the country in which it is to be served; or

(b) if there is more than one official language of that country, in any official language which is appropriate to the place in the country where the claim form or other document is to be served.

(3) Every translation filed under this rule must be accompanied by a statement by the person making it that it is a correct translation, and the statement must include that person’s name, address and qualifications for making the translation.

(4) A party is not required to file a translation of a claim form or other document filed under rule 6.43 (service through foreign governments, judicial authorities etc.) where the claim form or other document is to be served –

(a) in a country of which English is an official language; or

(b) on a British citizen (within the meaning of the British Nationality Act 1981),
unless a Civil Procedure Convention or Treaty requires a translation.

(5) A party is not required to file a translation of a claim form or other document filed under rule 6.44 (service of claim form or other document on a State) where English is an official language of the State in which the claim form or other document is to be served.

(The Service Regulation contains provisions about the translation of documents.)

from http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

[Kati]

Re: Dutch

If his wife refuses to get (and pay for) a legal translation from Dutch to English so that your son can understand fully the documents she has served, he has every right to refuse to sign :tinysmile_grin_t:
While I wouldn't advise him to make things difficult - he is well within his remit to deny his agreement to the divorce until such a translation has been served :tinysmile_twink_t2:

Kati x

[gillyanne]

Re: Dutch

If his wife refuses to get (and pay for) a legal translation from Dutch to English so that your son can understand fully the documents she has served, he has every right to refuse to sign :tinysmile_grin_t:
While I wouldn't advise him to make things difficult - he is well within his remit to deny his agreement to the divorce until such a translation has been served :tinysmile_twink_t2:

Kati x

Thank you very much x

[Kati]

Re: Dutch

Thank you very much x

Don't thank me yet :lol: - I'm still looking for more