-
Anonymous users2024-02-061. On the conditions for divorce.
According to the provisions of the Marriage Law, if the relationship between the husband and wife has indeed broken down, a divorce may be granted.
2. About child support and child support.
For the issue of child support, it is necessary to carefully confirm the circumstances of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and solicit the child's own opinion. The parent who does not support the child should pay monthly maintenance until the child reaches the age of 18, and the standard of maintenance is generally between 20 and 30% of the annual income. If one party is not suitable to raise the child during the future maintenance period, the other party can go to court to file a new lawsuit to change the custody of the child.
3. On the division of common property.
The joint property and debts of the husband and wife shall be jointly owned and borne by the husband and wife, and shall generally be half of the person. If one party is at fault, the division of property can be divided with less or no share, and the specific share will be determined by the court. In general, after marriage, the prenuptial bride price is treated as joint property and cannot be refunded, and if there is no marriage, the other party can be asked to return the bride price.
4. About the divorce procedure, required documents and fees.
In the case of divorce by agreement, after negotiation between the two parties, they should go through the divorce formalities at the original marriage registration authority with the divorce agreement, marriage certificate and ID card of both parties and receive the divorce certificate; If one party does not agree or repents of non-performance after signing the divorce agreement, then the divorce shall be filed in the court where the defendant is domiciled, or in the court where the defendant has resided for more than one year, or if the defendant's whereabouts are unknown or imprisonment for more than one year, the divorce may be filed in the court where the plaintiff is located. The first instance is generally 6 months, and the second instance is 3 months. If the litigation fee for litigation divorce does not involve the division of property, it is generally 50 yuan, and if there is a division of property, the fee shall be paid according to the proportion of the property, which can be referred to the "Litigation Fee Measures".
Gods and horses are all floating clouds, ask if there is a wood in the feelings, and you can't afford to hurt the people who have feelings!!
-
Anonymous users2024-02-05Of course, she can ask for a refund, and the law stipulates that she can ask for a refund as long as it has not exceeded two years.
-
Anonymous users2024-02-04Legal analysis: Where a party requests the return of the bride price paid in accordance with custom, the people's court shall support Qiqiao if it is ascertained that the following circumstances apply: (1) the parties have not gone through the marriage registration formalities; (2) The parties have gone through marriage registration formalities but do not live together; (3) Payments made before marriage and causing hardship to the payor.
The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties.
Legal basis: Civil Code of the People's Republic of China Article 1065 A man and a woman may agree that the property obtained during the marriage relationship and the property before the marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing.
Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply. The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties. If the husband and wife agree that the property acquired during the existence of the marital relationship shall be owned by each other, and the debts owed by the husband or wife to the outside world are known to be settled by the counterpart, the personal property of the husband or wife shall be settled.
-
Anonymous users2024-02-031. Do I need a gift money to divorce after 3 months of marriage?
1. The divorce formalities have been completed only three months after marriage, and there is no statutory return of the bride price, and the woman may not return the bride price to the other party. The circumstances under which the bride price should be returned are:
1) Premarital payments that cause hardship to the payor;
2) The man and the woman have not gone through the marriage registration formalities;
3) Although the man and woman have registered their marriage, they have not lived together.
2. Legal basis: Article 5 of the Civil Code of the People's Republic of China.
Where a party requests the return of a bride price paid in accordance with custom, the people's court shall support it if it is ascertained that it falls under the following circumstances:
1) The parties have not gone through the marriage registration formalities;
2) The parties have gone through marriage registration formalities but do not live together;
3) Premarital payments that cause hardship to the payor.
The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties.
2. What materials are required for divorce by litigation.
The documents required for litigated divorce are as follows:
1. The original ID card of the plaintiff shall be returned to the plaintiff after review;
2. The proof of the relationship between the husband and wife of the two parties can generally provide the marriage certificate and the marital status certificate issued by the marriage registration authority;
3. For the proof of the joint property of the husband and wife, it is generally sufficient to submit the property list, and it can also be submitted at the time of **;
4. If there are children, the birth certificate and household registration book of the children shall also be submitted;
5. If it is the second time to sue for divorce, the plaintiff must also issue a judgment effective form from the court.
-
Anonymous users2024-02-02When the divorce occurs after less than one month of marriage, the woman refunds the man's bride price in full, but the woman only needs to return the bride price if the parties have gone through the marriage registration formalities but do not live together, or if the man pays the bride price before marriage and causes the payor to have difficulties in life, and in other cases, the woman does not need to accept the return of the bride price.
Article 5 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China: Where a party requests the return of a bride price paid in accordance with custom, the people's court shall support it if it is ascertained that it falls under the following circumstances: (1) The parties have not gone through the marriage registration formalities; (2) The parties have gone through the marriage registration formalities but have not lived together; 3) Premarital payments that cause hardship to the payor. The application of the provisions of items 2 and 3 of the preceding paragraph shall be conditional on the divorce of both parties.
-
Anonymous users2024-02-01In principle, the bride price is not refundable, and if the legal conditions are met, it can be refunded, and the specific amount of refund is limited to the amount paid by the man, which is negotiated by both parties.
1. When it comes to how much bride price should be refunded if you don't get a license for marriage.
The law stipulates that the people's court shall support the parties' request for the return of the bride price in the following circumstances: the parties have not completed the marriage registration formalities; The parties have gone through the marriage registration formalities but do not live together; Premarital payments that cause hardship to the payor.
2. Whether the married woman can do without the bride price.
The married woman can do without the bride price.
The bride price is not a legal condition for the relationship between husband and wife, and the payment of the bride price has always been a moral issue. According to the laws of our country, both men and women who wish to marry shall apply for marriage registration in person at the marriage registration office. Those who meet the requirements for marriage shall be registered and issued a marriage certificate.
The marriage relationship is established after the marriage is registered.
The bride price refers to the money and goods paid by one of the parties to the marriage relationship and their relatives to the other party and their relatives in accordance with customs. Although the act of giving a bride price is not encouraged by law, it is not prohibited. The Civil Code of the People's Republic of China expressly prohibits the solicitation of property under the pretext of marriage.
Wedding bride price has always existed as a custom in various regions, but the payment of bride price is not a prerequisite for marriage. Whether or not to give a bride price and how much to give can be determined by both men and women through consultation. The bride price needs to respect the wishes of the man, and it is against the law to solicit property under the pretext of marriage.
3. Is it illegal for the woman not to return the bride price?
It is illegal for the woman not to return the bride price. If the woman refuses to return the bride price when she should return it, it will constitute a violation of the law. If the husband requests the return of the bride price, there are three circumstances in which the court will support it:
1. The two parties have not gone through the marriage registration formalities;
2. The parties have registered their marriage but have not lived together after marriage;
3. The payment of bride price before marriage makes it difficult for the paying party to make it difficult for the paying party.
Civil Code of the People's Republic of China
Article 1042 prohibits arranged marriages, buying and selling marriages, and other acts that interfere with the freedom of marriage. It is forbidden to solicit money or property under the pretext of marriage.
Bigamy is prohibited. It is forbidden for a spouse to cohabit with another person.
Domestic violence is prohibited. Abuse and abandonment between family members are prohibited.
In this case, in fact, you shouldn't have children from the beginning, because according to what you said, it can be seen that this marriage was unfortunate from the beginning, but since you have to come to this point, it is good for you and the children to leave as soon as possible, think about it, can the children grow up healthily in such a family environment? Single mothers have nothing, and women have the ability to take good care of their children by themselves. >>>More
First of all, your requirements seem reasonable, but they can't be met, because there is no emotional foundation between you, and there is a lack of understanding, so your lover doesn't know what you want and what you want, and your temptation itself is wrong, so the original fragile feelings must be less and less motivated in repeated tossing.
Are you a farmer or a farmer? Besides, what role does he play in this matter, if he doesn't even give you an explanation afterwards, then you will suffer in the future.
The Marriage Law stipulates that the Marriage Law protects women, and during pregnancy or breastfeeding, as long as the woman does not agree, she cannot be divorced.
Marriage is not child's play, men are afraid of getting into the wrong line, women are afraid of marrying the wrong man, marrying the wrong person, at least ruin half your life, rather not get married, don't rush to get married, take a good look at the man's personality, more importantly, look at his parents as a person, men generally hide their shortcomings before marriage, and they will be revealed after marriage, but generally this shortcoming is learned from his parents, so you must carefully observe his parents to see what shortcomings they have, whether you can bear these shortcomings, if you can't bear it, quickly withdraw, and continue to observe if you can bear it.