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Article 20 of the Judicial Interpretation of the Marriage Law: 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 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) Payments made before marriage 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.
Liu Huanting's legal service team Liu Bin will answer for you.
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Refer to the following, I hope it can help you.
First of all, it needs to be made clear that if you have not received a marriage certificate, there is no problem of divorce or non-divorce, and if you do not receive a marriage certificate, you can directly dissolve the cohabitation relationship without going to the court or the civil affairs bureau to go through the divorce procedures.
If the parties have not registered their marriage, the bride price needs to be returned according to the legal basis. In this case, if the parties have not completed the marriage registration formalities and have not lived together for a long time, the bride price can be returned according to the actual situation. However, in most areas, unmarried cohabitation may constitute a de facto marriage or a long-term cohabitation, and it is somewhat unrealistic to ask for the return of the bride price.
Therefore, if the cohabitation is longer or a de facto marriage is formed, the bride price may not be returned.
The above is a judgment on the possibility of a bride price by a judge in practice. In fact, the best way to solve this matter is to reissue a marriage certificate, with a marriage certificate, the bride price will be protected by the law, and there will be no problem of returning the bride price. If you do not have a marriage certificate, because the number of bride price is also increasing, it is better to ask a professional person to help you deal with it.
Legal basis: Article 10 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law 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) Payments made before marriage 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.
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Hello, there are certain conditions for the return of the bride price, and the people's courts support the return of the bride price in the following points: 1The parties have not gone through the marriage registration formalities, that is, they are not married; 2.
The parties have gone through the marriage registration formalities but do not live together; 3.The payment of a bride price before marriage causes hardship to the payor. The bride price must be returned, and the bride price must be based on local customs and given for the purpose of marriage, and it does not need to be returned without these properties.
Extended Materials. As to the circumstances under which the bride price can be returned, China's law has made clear provisions on this. Article 10 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China provides:
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) Payments made before marriage that cause hardship to the payor.
Therefore, the bride price cannot be returned in the event of a divorce under the following circumstances:
1) They have registered their marriage and are living together. In this case, the bride price does not need to be returned after the divorce.
2) Where a man and a woman have not gone through the marriage registration formalities and have lived together for a long time, they shall generally have children born for more than two years or during the period of cohabitation, and the bride price does not need to be returned after divorce.
3) Where a man and a woman live together without completing marriage registration formalities, and the bride price received has indeed been used for living together, the bride price does not need to be returned after divorce. The definition of common living is mainly limited to the actual expenses of family members due to their living and production needs, such as the expenses of illness of one or both men and women, joint business investment, etc.
Legal basis: Article 10 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law 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) Payments made before marriage 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.
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Legal analysis: Yes, the bride price for divorce should be refunded if you are not married. Where both parties have not completed marriage registration formalities and the parties request the return of the bride price paid in accordance with custom, the people's court shall support it.
Legal basis: Interpretation (1) of the Supreme People's Court of the People's Republic of China on the application of the marriage and family section of the Civil Code of the People's Republic of China
Article 5. 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 be in 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) Payments made before marriage and causing hardship to the payer.
The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties.
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Legal Analysis: Refundable. This is a principled provision for the bride price, and the premise is that the marriage has not been concluded and the bride price has been paid.
Legal basis: Article 1040 of the Civil Code of the People's Republic of China 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 if he is hungry.
Domestic violence is prohibited. Abuse and abandonment between family members are prohibited.
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Yes, you can; There is no marriage between the parties. If the bride price is accepted, the husband has the right to request the bride price to be returned when the relationship is terminated. If the bride price is not used to buy the dowry, or if it is not brought to the man in disguise, then it is generally necessary to return it.
Without a marriage certificate, the two parties are not legally husband and wife, and legally speaking, they are not married, and there is no divorce at all. The law has regulations that the bride price must be married on the premise of marriage, and if the man and woman marry without a marriage certificate, and the last two are separated, the bride price must be returned. 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 clear that Cha Hong's failure 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 make it difficult for the payor to live in a difficult way.
The application of the rules in items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties.
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