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They haven't got a marriage license yet. Can I get the bride price and the ring back now? If you can get back, you want to show it. The request, of course, is to ask the defendant to return the bride price, and also to state your facts and reasons (if you can't write it, you can get it).
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It depends on whether she is reasonable or not, and she has known each other for a year, so you should understand.
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Whether the bride price will be returned for two years of cohabitation without a marriage certificate depends on the situation, as follows:
1. If both parties have not gone through the marriage registration formalities, they shall generally return the full amount;
2. If both parties have gone through the marriage registration formalities but do not live together, they shall generally return the full amount;
3. According to the degree of difficulty of the payer, the amount of refund shall be determined at the discretion;
4. The refund amount is determined according to the length of marriage. The time of marriage should be based on the actual time spent together. If a divorce is filed within one year of actually living together, the amount of the bride price may be refunded at the discretion of more than half; If a divorce is filed within two years of actually living together, more than half of the discretionary amount may be refunded;
The conditions for the woman not to return the bride price are as follows:
1. Both parties have gone through the marriage registration formalities and have lived together;
2. The parties have not gone through the marriage registration formalities but do live together;
3. The premarital payment does not cause hardship to the payor;
4. The man and woman are not living together, and the bride price is indeed living together.
5. During the existence of the marriage contract, if one party requests the other party to return the bride price due to the death of the parties to the marriage contract, it will not be supported. However, this does not apply if a lawsuit has already been filed before death.
Legal basisArticle 1054 of the Civil Code of the People's Republic of China.
An invalid or annulled marriage is not legally binding from the beginning, and the parties do not have the rights and obligations of husband and wife. Property acquired during the period of cohabitation shall be disposed of by agreement of the parties; If an agreement is not reached, the people's court shall make a judgment on the basis of the principle of taking care of the innocent party. The disposition of property in an invalid marriage resulting from bigamy must not infringe upon the property rights and interests of the parties to a lawful marriage.
The provisions of this Law on parents and children shall apply to children born to the parties. If the marriage is invalid or annulled, the innocent party has the right to claim damages.
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Depending on the specific reason, some cases can be returned, some cases may not be returned, if both parties can negotiate the return of the bride price, that is the best solution.
It is reported that Mr. Lin and Ms. Chen met not long after being introduced by the matchmaker, and the two of them had a good impression of each other and held an engagement ceremony, the bride price was 10,000 yuan, the banquet cost 180,000 yuan, cigarettes and candy 40,000 yuan, plus the meeting gift ** 120,000 yuan, the lipstick envelope was 10,000 yuan, the matchmaker fee was 30,000 yuan, and the total cost was 10,000 yuan (these are all paid by the man's family), because they were not of legal age, so they did not get a license, and lived together for a year after the engagement, and then broke up due to incompatible personalities. The man sued for the dissolution of the marriage contract and the return of the bride price, and finally the court ruled that the woman should return the bride price of 800,000 yuan, and other gold jewelry and other gold jewelry did not need to be returned.
Isn't it shocking to see that number? I can't help but sigh, is this the pomp of the rich? The cost of the bride price is as high as 10,000 yuan, in exchange for an ordinary family, simply let the son beat the single, just a wedding cost more than one million, we ordinary people, struggle for a lifetime may not be able to save this money!
So if the cohabitation breaks up again, can the bride price be returned? This still has to be judged according to the actual situation, like the two parties in the news, who did not get a marriage certificate and had no children, and only lived together for one year, in this case, the bride price can be returned, because according toInterpretation of the Marriage and Family Section of the Civil Code of the People's Republic of China (1).
Article 5: Where parties request the return of the 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 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.
The circumstances in which the bride price does not need to be returned are as follows:
1. The husband and wife have registered their marriage and live together.
2. Where a man and a woman have not gone through the marriage registration formalities and have lived together for a long time, it shall generally be more than two years.
3. A man and a woman give birth to a child while living together without going through the marriage registration formalities.
In fact, no matter whether the bride price money can be returned or not, there is a loss, but it is said that the bride price can reduce a little loss, but the time, energy and feelings spent during this period cannot be measured by money, soBe cautious when you get married, to be thoughtful, can not make a decision on a whim, two people have an emotional foundation is the most important, otherwise it is easy to part ways when you get married when you encounter problems and contradictions, not only in the end people disperse, but also become a neighborhood after tea and dinner, let people see jokes, the gains outweigh the losses.
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Of course, this is possible, if there is no marriage certificate, then it is not a husband and wife, and the bride price must be returned. The bride price is given for marriage, and since you are not married, the bride price needs to be returned.
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Want to get the bride price back? What does it mean. Haven't got your license yet? Giving a bride price is an engagement. There must be a reason for repentance.
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Yes, without a marriage certificate, after living together for a year, the woman proposes to break up, and the bride price can be returned. If the man proposes to break up, the bride price is not easy to say. Good luck.
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Summary. Those who have been married and cohabited for more than one year, but have not obtained a license, and need to return the bride price when they are separated. Because I didn't get a marriage certificate.
Married and cohabited for more than a year, but did not get a license, do I need to return the bride price when I am separated?
Those who have been married and cohabited for more than one year, but have not obtained a license, and need to return the bride price when they are separated. Because I didn't get a marriage certificate.
Legal analysis: If you don't get a marriage certificate, the bride price can be returned. If it is ascertained that the following circumstances apply, the people's court shall support it:
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) The premarital payment is changed to a royal chong and causes the payer to have difficulties in life.
Legal basis: Article 5 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China (1) Where a party requests the return of the bride price paid in accordance with custom, the people's court shall support it if it is ascertained to fall under the following circumstances: (Lunzhou 1) The double loose slag party has not gone through the marriage registration formalities; (2) The parties have gone through the marriage registration formalities but do not live together; (3) Premarital payments that cause hardship to the payor.
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Summary. Article 10 of the Judicial Interpretation II of the Marriage Law clearly stipulates that if a man and a woman have not gone through the marriage registration formalities, the people's court will generally support the man's request for the woman to return the bride price.
Married and cohabited for more than a year, but did not get a license, do I need to return the bride price when I am separated?
Article 10 of the Judicial Interpretation II of the Marriage Law clearly stipulates that if a man and a woman have not gone through the marriage registration formalities, the people's court will generally support the man's request for the woman to return the bride price.
Hello, what is your situation? You can talk about it, and I'll do it for you. I can only be responsible for you if I understand the specific situation!
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