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According to the rules of the Marriage Law, divorce may be granted if the relationship between the husband and wife has indeed broken up. However, if the child is not breastfeeding, it is necessary to determine the child's own opinion from the perspective that it is beneficial to the child's growth, and carefully confirm the condition of both parties, but the child during the breastfeeding period is generally awarded to the woman, assuming that it is not a breastfeeding period, it is necessary to see which party is more suitable for the child's growth and solicit the child's own opinion. The parent who does not take care of the child should pay monthly child support, which is generally between 20 and 30% of the annual expenditure.
Assuming that during the future parenting period, one party is not suitable to raise the child, the other party can go to the court to file a new lawsuit and ask for a change of custody rights for the child. The wealth and debts of the husband and wife alone belong to the husband and wife alone, and it is generally half of the person. Assuming that one party is at fault, the linked wealth can be divided less or not at all, and the detailed share will be determined by the court.
In general, after marriage, the pre-marital bride price is disposed of as a separate wealth and cannot be returned, assuming that there is no marriage, the other party can be begged to return the bride price. Assuming that the divorce is by agreement, after the two parties have discussed, they can go to the original marriage cancellation authority to handle the divorce procedures and pay the divorce certificate with the divorce agreement, marriage certificate and ID card of both parties; In the case of litigation divorce, the lawsuit is filed in the court where the plaintiff is domiciled, or perhaps in the court where the plaintiff has lived for more than one year, and the lawsuit is usually 6 months in the first instance and 3 months in the second instance. The litigation fee for litigation divorce is generally 50 yuan if it does not touch the wealth connection, and if there is a wealth connection, the fee will be paid according to the proportion of wealth, and the details can refer to the "Litigation Fee Method".
Gods and horses are all floating clouds, and there is wood and !! to ask about feelings Marriage is risky, and divorce should be done carefully.
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Feel free to do it! Actually, return a fart! I can't say what I can't say, but I just feel it.
In addition to the bride price, should you return his youth loss fee or should he return your youth loss fee? You've all had sex, how much is it at a time? Why don't you all sleep in vain?
Why don't you pay it back, and settle the account, right? Do you want him to pay more? Or if he sleeps hard with you, you will compensate him more?
Feel free to do it! Don't ask anyone.
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The law does not stipulate that the bride price should be returned, and since you are already married, it cannot be considered a bride price.
In order to obtain a divorce, the joint property of the husband and wife can only be divided in accordance with the relevant provisions of the Marriage Law.
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If you are married and live together, you can negotiate under the bride price if you return to the bride price, and if the negotiation fails, you will not return for the time being. Legally it is possible not to return.
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Where the bride price is to be returned in a divorce, all or part of the bride price shall be returned. The man and the woman have not yet gone through the marriage registration formalities; The parties have registered their marriage but are not yet living together; Where the husband suffers from difficulties in his life due to the payment of the bride price money before marriage, the bride price shall be returned.
[Legal basis].Article 5 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section (Yi Cha Hunger and Crude).
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 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) 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.
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According to Article 20 of Interpretation 2 of the Marriage Law, the circumstances for returning the bride price after marriage are: 1. The parties have gone through the marriage registration formalities but do not live together; 2. Payments made before marriage and causing difficulties in the payor's life; For the amount to be returned, the court will consider the following factors when hearing the case: 1. the time both parties have lived together after marriage, 2) the amount of the bride price, 3) local customs and habits, 4) the degree of fault, 5) the family's financial capacity and other factors.
Legal basis: Article 10 of the Supreme People's Court's Interpretation (II) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China.
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 the blind fruit falls under the following circumstances: (1) the parties have not gone through the marriage registration formalities; (2) The two parties have gone through the marriage registration formalities but have not lived 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.
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1. How much money is generally returned after divorce If the marriage contract is dissolved due to the reasons of the party who paid the bride price, the amount of the bride price to be returned can be reduced according to the degree of fault, the economic situation of both parties, and other factors, and the amount of the reduction is determined to be between 10% and 50% of the total amount of the bride price. Where a man and a woman have lived together for more than one year and less than two years without going through the marriage registration formalities, and one party requests the other party to return the bride price, the amount to be returned shall generally not exceed 30% of the total amount of the bride price; If they have lived together for less than one year and for more than three months, the amount to be returned shall generally not exceed 50% of the total amount of the bride price; If they have lived together for less than three months, the amount to be returned shall generally not exceed 70% of the total amount of the bride price. In the case of the dissolution of the cohabitation relationship due to the reasons of the party who paid the bride price, and if the woman becomes pregnant or miscarriages during the period of living together, it may be reduced by 5% to 20% on the basis of the preceding paragraph.
II. Burden of Proof in Bride Price Return Cases In disputes over the return of bride price, the principle of "who asserts and who presents evidence" often makes the plaintiff bear the risk of not being able to produce evidence, thus failing to protect its legitimate interests. According to the law, the parties have the responsibility to provide evidence for their own claims. Theoretical circles usually summarize this provision as "who asserts, who proves".
However, when proving the allocation of the burden of proof, we still need to consider the fairness and reasonableness of the allocation of the burden of proof in light of the actual circumstances of the case. On the other hand, the allocation of the burden of proof essentially refers to the fact that the party with the burden of proof should bear the adverse legal consequences when it is unable to produce evidence or the evidence is not in place, which is a kind of value judgment made under the pursuit of legal truth and the trade-off of interests, and the premise of the value judgment must be clearly limited to the fact that one party has the obligation to prove a certain fact asserted by the party The origin of the proverb. Normally, an engagement ceremony is held to make a marriage contract, and both men and women and their respective parents also give engagement gifts and money (commonly known as bride price or bride price) to their future daughter-in-law or son-in-law.
In real life, there are more and more disputes due to the bride price, resulting in the phenomenon of not being able to get married, and having to return the bride price. At this time, it is necessary to determine the specific amount of the bride price to be returned.
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Divorce is generally not subject to the return of the bride price. However, the following circumstances are excepted:
1. Although the man and woman have a legal marriage relationship, they have not lived together;
2. The man and the woman have not registered their marriage;
3. Premarital payment and causing difficulties in the payor's life.
[Legal basis].Article 5 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family.
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 two 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 item 2 of the preceding paragraph, the provisions of the third item of the preceding paragraph, and the application of the provisions of the third item of the preceding paragraph, shall be conditional on the divorce of both parties.
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In accordance with Article 10 of the Marriage Act.
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 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.
Based on the circumstances you have stated, it is not acceptable for you to ask the other party to return the bride price.
As for the car donated by the woman's mother, it was given to the woman by the woman's mother before your marriage, and it is a personal gift to the woman, not your joint property.
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The bride price seems to be a return of 90,000. The total is 10w8000As for the things you bought, it seems that you don't have to return them. I handle it as a gift.
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Once the marriage has been registered and living together, the bride price is not refundable. Gold and clothes bought before marriage do not need to be returned as gifts voluntarily given by the other party. But in order to make things more convenient and hassle-free, you can consider returning some of the physical goods or money appropriately.
In this case, if you can prove that the other party was negligent and caused the marriage to fail, then you can not refund it at all.
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The bride price can be appropriately returned according to the negotiation situation, because there is already a substantial relationship between the two people, and now the divorce will have a certain impact on the woman in the future, so a part can be retained as compensation.
Since it is a divorce, this property issue can be dealt with according to the negotiation, after all, it is not good if the husband and wife are too much for money.
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Hello, generally speaking, if you have registered your marriage and live together, the bride price can not be refunded, but considering that your marriage time is too short, if the court decides, you will consider returning a part.
Lawyer Zhou Rudong.
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Seeing your problem really makes you feel a little sad and regretful. The question of the bride price is also a Chinese tradition, but it is rarely said to be returned. The bride price is a sign of commitment made by the South to the woman, and it is also an explanation to the woman.
If the bride price is given to the woman, it is similar to the previous contract, the woman is the man's bride-to-be, at this time the woman is not allowed to make another person, if the woman repents and must return the bride price, the man repents and must not return the bride price. However, the above are some customs in the old days, and the bride price at that time was generally nothing more than some physical objects. cloth and the like.
Nowadays, the bride price is very rich, and if you have money, the bride price is generally a large amount. And that's where you come in. Personally, I think that if the man proposes this bride price, it is naturally impossible to give it to him, and if the woman proposes it, it will generally not be returned, but if the man mentions it, it is best to negotiate and settle it.
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If they live together, then the other party has no right to demand the return of the bride price.
For details, please contact ** or QQ.
Beijing Marriage and Family, lawyer Liu Dalai.
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ask lawyer, pro, be more detailed and more targeted, ps your husband is looking for someone who is not virtuous enough, so that he is irresponsible to himself and others, let him!
What you can't get is the best! Have you tried to understand your current husband and understand him? People live under pressure, whether it's divorce or staying, you have to deal with it yourself. Good luck!
Creating a warm home and a warm environment will make children feel happy and warm, and the hurt heart will be minimized. Care for your child and care for your child's growth. Regardless of whether they can cook, they have to learn, so that they can not feel the warmth of home, everything depends on buying, buying and buying, children can not experience the contribution of their parents, only their own cooking, hand-knitted sweaters, will let children understand the hardships of their parents, see in their eyes, remember in their hearts, so that they have the idea of repaying their kindness.
Everyone's feelings after divorce are different, and some people feel that they are out of the sea of suffering, and this kind of nature does not need to come out. And some people have been immersed in the relationship after the divorce, at this time they need to empty their minds, and since the relationship has ended, they must start looking for their next true love. Communicate more with relatives and friends to find the next love.
The parties to a divorce case can consider the following aspects when entrusting a lawyer: first, choose a professional marriage and family lawyer, who can better protect the interests of the parties; Second, choose a lawyer within one's ability according to the client's financial situation; Third, the parties can go directly to the local law firm, or they can entrust a lawyer in the formal **; Fourth, after entrusting a lawyer, sign an entrustment agreement, and issue an invoice by the law firm after paying the fee. There is no uniform standard for how much does it cost to hire a lawyer for divorce, and there is no fixed answer, because there are differences in the parties' litigation claims, the complexity of the case, the development of events, etc. >>>More
According to the Marriage Law of the People's Republic of China: >>>More