過失離婚 不得離婚 婚前協議書

fault divorce(過失離婚) 指一方須證明對方有婚姻過錯才能離婚,常見的過錯(faults)有通姦(adultery)、遺棄(desertion)、虐待(cruelty)、入獄(imprisonment)、酗酒(habitual drunkenness)等,我把前四項放進第一句。

第一句:過失離婚 fault divorce(85 字)

In historical studies of divorce law, the fault divorces permitting an innocent spouse to sue on grounds such as adultery, desertion, cruelty, or imprisonment and requiring proof of misconduct before a judge were adversarial proceedings that were preserved by conservative courts, which were either defended as protections for faithful spouses or criticized by reformers who were convinced that public accusations intensified hostility, thereby assigning blame by exposing private wrongdoing and influencing property awards across jurisdictions that had long treated marriage as a binding moral contract.

1. 結構破解

In historical studies of divorce law,

the fault divorces

permitting an innocent spouse to sue on grounds such as adultery, desertion, cruelty, or imprisonment

and requiring proof of misconduct before a judge

were adversarial proceedings

that were preserved by conservative courts,

which were either defended as protections for faithful spouses

or criticized by reformers

who were convinced that public accusations intensified hostility,

thereby assigning blame

by exposing private wrongdoing

and influencing property awards

across jurisdictions

that had long treated marriage as a binding moral contract.

2. 分解為短句

In historical studies of divorce law, the fault divorces were adversarial proceedings.(主句骨架)

The divorces permitted an innocent spouse to sue on grounds such as adultery, desertion, cruelty, or imprisonment and required proof of misconduct before a judge.

The proceedings were preserved by conservative courts.

The proceedings were either defended as protections for faithful spouses or criticized by reformers.

The reformers were convinced that public accusations intensified hostility.

This assigned blame by exposing private wrongdoing and influenced property awards across jurisdictions.

The jurisdictions had long treated marriage as a binding moral contract.

3. 參考譯文

在離婚法的歷史研究中,允許無過錯一方以通姦、遺棄、虐待或入獄等理由起訴、並要求在法官面前證明不當行為的過失離婚,是由保守法院所維持的對抗式程序;這些程序若非被捍衛為對忠實配偶的保護,就是受到深信公開指控會加劇敵意的改革者所批評,從而藉由揭露私下的錯行來歸責,並影響財產判給,遍及長期把婚姻視為具約束力道德契約的法域。

4. 組合寫作練習(請勿看例句,嘗試將短句組回原長句)

5. 補充說明

permitting / requiring:現在分詞片語,取代 which permitted... and required...

permit A to + V:允許 A 做……;innocent spouse:「無過錯的配偶」

fault divorce:「過失離婚」;對照 no-fault divorce(無過失離婚)

adultery:「通姦」;desertion:「遺棄」;cruelty:「虐待」;imprisonment:「入獄」

grounds:此處為「理由、事由」;sue on grounds of:「以……為由起訴」

adversarial:「對抗式的」;proceeding:「訴訟程序」

be convinced that + 子句:深信……

property award:「財產判給」;jurisdiction:「法域」

第二句:不得離婚 indissoluble marriage(79 字)

In constitutional studies of Philippine family policy, the indissoluble marriages forbidding spouses from remarrying after separation and leaving annulment or declarations of nullity as costly alternatives were legal institutions that were defended by Catholic leaders, which were either honored as guardians of family unity or challenged by advocates who were frustrated that abused spouses remained bound to estranged partners, thereby preserving religious doctrine by restricting civil freedom and prolonging disputes that had long burdened poor families across the archipelago.

1. 結構破解

In constitutional studies of Philippine family policy,

the indissoluble marriages

forbidding spouses from remarrying after separation

and leaving annulment or declarations of nullity as costly alternatives

were legal institutions

that were defended by Catholic leaders,

which were either honored as guardians of family unity

or challenged by advocates

who were frustrated that abused spouses remained bound to estranged partners,

thereby preserving religious doctrine

by restricting civil freedom

and prolonging disputes

that had long burdened poor families

across the archipelago.

2. 分解為短句

In constitutional studies of Philippine family policy, the indissoluble marriages were legal institutions.(主句骨架)

The marriages forbade spouses from remarrying after separation and left annulment or declarations of nullity as costly alternatives.

The institutions were defended by Catholic leaders.

The institutions were either honored as guardians of family unity or challenged by advocates.

The advocates were frustrated that abused spouses remained bound to estranged partners.

This preserved religious doctrine by restricting civil freedom and prolonging disputes across the archipelago.

The disputes had long burdened poor families.

3. 參考譯文

在菲律賓家庭政策的憲法研究中,禁止配偶分居後再婚、並僅留下婚姻撤銷或婚姻無效宣告這類高成本替代途徑的不可解消婚姻,是由天主教領袖所捍衛的法律制度;這些制度若非被尊崇為家庭團結的守護者,就是受到對受虐配偶仍被綁在疏離伴侶身邊感到挫折的倡議者所挑戰,從而藉由限制公民自由並延長長期拖累貧困家庭的紛爭,在整個群島上維護了宗教教義。

4. 組合寫作練習(請勿看例句,嘗試將短句組回原長句)

5. 補充說明

forbidding / leaving:現在分詞片語,取代 which forbade... and left...

forbid A from + V-ing:禁止 A 做……(from 為介系詞)

indissoluble:「不可解消的」,in-(不)+ dissolve(解除)

annulment:「婚姻撤銷」;declaration of nullity:「婚姻無效宣告」

be frustrated that + 子句:對……感到挫折

be bound to:「被綁在……身邊、受……約束」;estranged:「疏離的」

archipelago:「群島」;doctrine:「教義」

背景提醒:菲律賓一般民法下無離婚制度(穆斯林屬人法另有規定),僅有法定分居、撤銷與無效宣告;此制度是否有立法變動,建議自行查證最新資訊。

第三句:婚前協議書 prenuptial agreement(79 字)

In practical guides to marital property law, the prenuptial agreements allowing engaged couples to define asset ownership and limit spousal support obligations before the wedding were contractual safeguards that were drafted by cautious attorneys, which were either welcomed as tools for transparency or criticized by commentators who were concerned that wealthier partners might pressure vulnerable prospective spouses into signing, thereby reducing litigation costs by clarifying expectations and protecting family businesses that had long been passed down across generations.

1. 結構破解

In practical guides to marital property law,

the prenuptial agreements

allowing engaged couples to define asset ownership and limit spousal support obligations before the wedding

were contractual safeguards

that were drafted by cautious attorneys,

which were either welcomed as tools for transparency

or criticized by commentators

who were concerned that wealthier partners might pressure vulnerable prospective spouses into signing,

thereby reducing litigation costs

by clarifying expectations

and protecting family businesses

that had long been passed down

across generations.

2. 分解為短句

In practical guides to marital property law, the prenuptial agreements were contractual safeguards.(主句骨架)

The agreements allowed engaged couples to define asset ownership and limit spousal support obligations before the wedding.

The safeguards were drafted by cautious attorneys.

The safeguards were either welcomed as tools for transparency or criticized by commentators.

The commentators were concerned that wealthier partners might pressure vulnerable prospective spouses into signing.

This reduced litigation costs by clarifying expectations and protecting family businesses.

The businesses had long been passed down across generations.

3. 參考譯文

在婚姻財產法的實務指南中,允許訂婚伴侶在婚禮前界定資產歸屬並限制配偶扶養義務的婚前協議,是由謹慎的律師所起草的契約性保障;這些保障若非被歡迎為提高透明度的工具,就是受到擔憂較富裕一方可能施壓脆弱的準配偶簽字的評論者所批評,從而藉由釐清期待並保護長期世代相傳的家族企業,降低了訴訟成本。

4. 組合寫作練習(請勿看例句,嘗試將短句組回原長句)

5. 補充說明

allowing:現在分詞片語,取代 which allowed...

allow A to + V:允許 A 做……;engaged couple:「訂婚的伴侶」

prenuptial agreement:「婚前協議書」,pre-(之前)+ nuptial(婚禮的);簡稱 prenup

pressure A into + V-ing:施壓使 A 做……(into 為介系詞)

be concerned that + 子句:擔憂……

spousal support:「配偶扶養費」;litigation:「訴訟」

safeguard:「保障」;attorney:「律師」

be passed down:「世代傳承」

三句皆沿用原骨架:主句為「名詞+現在分詞片語+were+名詞」,接 that 子句、which were either...or...,最後以 thereby+V-ing 收尾。

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