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The main thing is to look at the reason why the other party asks for divorce, if the other party is just looking for an excuse to divorce, it is tantamount to cheating on marriage and money, the bride price must be returned, if the other party feels that the two people are not compatible with you for a month and ask for a divorce, then the other party will take the initiative to return the bride price, but may only return part of it to you.
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Less than a month after getting married, the woman asked for a divorce, I think this bride price should be returned, after all, the time is too short, and the woman is suspected of cheating on marriage, so she should still divorce. Well, give all the bride price money to the family, and the man will return it.
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If the woman asks for a divorce after less than a month of marriage, she can ask for a refund of the bride price, which is obviously not intended to live a good life with you.
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You can return the bride price, after all, it is a bit too hasty to divorce after only one marriage, if the two parties are not suitable for divorce, they should be refunded.
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One month after marriage, the woman filed for divorce, and the bride price must be returned. No reason, no refund.
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It depends on what is the reason for filing for divorce, if it is the man's domestic violence or the man's fault, there is no need to return the bride price, and if it is the woman's fault, the bride price must be refunded.
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Of course, this can be refunded. If you don't return, you can go to the local court to file a lawsuit. Extort. Cheating marriage.
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You can return, see what the reason is, you can't get by, communicate well, you can return.
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If you want to divorce just after getting married in a short period of time, you can return the bride price.
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Divorce after being married for such a short time. In this case, the bride price should be refunded. And to protect the man's losses.
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Must be returned! However, it is still necessary to figure out the reasons for the divorce.
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The bride price is not protected by law, and divorce is free, but if the marriage is fraudulent, it should be punished by law.
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It is impossible to negotiate with each other to solve the problem and completely retreat.
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The woman asked for a divorce less than a month after getting married, I think the woman is cheating on the marriage, and the bride price should be returned by the man.
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Since it is the divorce mentioned by the woman, then make it clear that you will divorce immediately after returning all the things and bride price from the marriage! Otherwise, sue for marriage fraud!
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If the woman asks for a divorce after less than a month of marriage, if the man proposes to shirk the bride price, the woman's classmates can return it.
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For the divorce proposed by the woman, it is also possible that the woman may agree that the bride price will be returned to you, but some people choose to divorce and may not necessarily return the bride price to you, so for the bride price money, it is also the result of communication between the two parties.
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Just get married for less than a month, and the woman asks for a divorce Can you return the bride price money In this case, the bride price money can drag back many parts of the memory.
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Generally, it is not possible to ask for a return, but 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.
Civil Code of the People's Republic of China
Article 1042:Arranged marriages, buying and selling marriages, and other acts that interfere with the freedom of marriage are prohibited. 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.
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Legal analysis: If the bride price cannot be refunded, you can request the division of the joint property of the husband and wife.
Legal basis: Civil Code of the People's Republic of China
Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.
Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.
People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation with another person;
2) Committing domestic violence or abusing or abandoning family members;
3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.
Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.
Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
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In general, it is not refundable. However, if a party's request for the return of the bride price paid in accordance with custom is delayed, 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; Leaky locust.
2) The parties have gone through marriage registration formalities but do not live together;
3) Payments made before marriage and cause the payer to have difficulty in living and returning to Denmark.
The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties.
Article 1042 of the Civil Code prohibits arranged marriages, the sale of 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.
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Some men and women do not know much about each other before they get married, although they have also registered their marriage and become legal husband and wife, but after marriage, various contradictions broke out, and the two parties went through the divorce procedures in a short period of time. If a man and a woman have been married for less than a year and the woman sues for divorce, can she ask for a refund of the bride price at this time?
It depends. There are strict provisions on the return of bride price, which can be roughly divided into three situations;
1. If you are only engaged and not married, then if the marriage contract is dissolved, the bride price will be returned to the man, and no matter who proposes to dissolve the marriage contract, it will be returned in full.
2. If the marriage time is not more than one year, and the two parties divorce, part of the bride price can be returned, and the return ratio is inconsistent with the local courts. It depends.
3. If the marriage has been more than one year, the bride price cannot be returned in accordance with the law at the time of divorce.
Is the bride price the woman's personal property or the joint property of the husband and wife?
Liang Sui Bi 1If the bride price is given to the woman's parents, it is the property of the woman's parents; If the woman's parents give the bride price to the woman before marriage, it is the woman's personal property; The bride price given by the woman's parents to the woman after the marriage, and there is no clear indication that the gift is only given to the woman personally, which is the joint property of the husband and wife.
2.According to the Marriage and Family Section of the Civil Code, the property inherited or donated by the husband and wife during the existence of the marital relationship, and the property that is not expressly attributed to only one party in the will or the gift contract, belongs to the joint property of the husband and wife.
3.Parents should give the bride price to the woman as far as possible before receiving the marriage certificate, and the legal marriage relationship is determined from the time of obtaining the marriage certificate. Giving it to the woman before marriage is also giving the woman a pre-marital guarantee.
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Whether the bride price is refunded if the woman files for divorce one month after marriage also needs to see whether the actual situation constitutes a condition for the return of the bride price, and if it constitutes a condition for the return of the bride price, she can request a return in accordance with the law. There are three circumstances under which the bride price can be requested: 1. The bride price is paid and the parties regret the marriage, and the parties have not registered the marriage; 2. Even if the parties have gone through the marriage registration formalities, they divorce without living together; 3. If the bride price is paid before marriage, the payer will have difficulty in life, and the scum can also claim the return of the bride price on this ground when the scum divorces.
Legal basis: Article 5 of the Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (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 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.
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Summary. Hello dear, happy to answer your <>
The bride price filed for divorce by the woman for one month of marriage is generally not refundable, and it is recognized as personal property before marriage and belongs to the woman, but if there is a situation where the woman does not live together after marriage and does not go to the marriage registration agency to go through the marriage registration procedures, the woman can be required to return the bride price at the time of divorce.
Can the bride price be refunded if the woman files for divorce after one month of marriage?
Hello dear, it's a pleasure to answer the <> for you
The bride price of the divorce filed by the woman for one month of marriage is generally not refundable, and it is recognized as personal property that is closed before marriage and belongs to the woman, but if there is no living together after marriage, and the marriage registration machine has not gone to the marriage registration machine to go through the marriage registration procedures, the woman can be required to return the bride price at the time of divorce.
Legal analysis: Under normal circumstances, Liang will not be called to return the bride price. However, 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) 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.
Legal basis: Article 104 of the Civil Code prohibits arranged marriages, buying and selling marriages and other acts that interfere with the freedom of marriage. Kai Kuan prohibits extorting money or property under the pretext of marriage.
Bigamy is prohibited. It is forbidden for a person who has a spouse to cohabit with another person. Domestic violence is prohibited.
Abuse and abandonment between family members are prohibited.
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