Lawyer: If the man filed for divorce less than half a year after we got married, did the gift have t

There are three cases in which you can request a return of the bride price.

The Judicial Interpretation (II) of the Marriage Law promulgated by the Supreme People's Court on the 26th clarifies this issue. The judicial interpretation stipulates that, according to the current national conditions of China, if the bride price is paid according to custom, there are three circumstances in which the return can be requested: first, the parties have not gone through the marriage registration formalities; Second, the parties have gone through the marriage registration formalities but do not live together; Third, the premarital payment causes the payer to have difficulties in life.

The latter two shall be conditional on the divorce of both parties.

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.

The husband files for divorce, and the bride price does not have to be returned.

Not returning. The gift is for the purpose of getting married, and you are already married, and you have fulfilled the contract, so you don't have to pay it back. It is also necessary to find out the fault of the other party and strive for compensation.

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.

None will be refunded except in the following cases:

1. No marriage certificate;

2. Have a marriage certificate but do not live together;

3. The payment of the bride price causes serious financial difficulties to the payer.

Interpretation 2 of the Marriage Law stipulates that if the payment of the bride price causes financial difficulties to the man, and if the marriage certificate is obtained and there is no cohabitation, the rest shall not be refunded.

Legal analysis: If the husband files for divorce after one year of marriage, the bride price shall be handled according to the actual situation. If a party requests the return of the bride price paid in accordance with custom, the people's court will generally support it if it is found to fall under one of the following circumstances:

1. Both parties have not gone through the marriage registration formalities; 2. Both parties have gone through marriage registration formalities but do not live together; 3. Premarital payment and causing difficulties in the payor's life.

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 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 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.

Legal analysis: If the man files for divorce after one year of marriage, as long as the man is not legally at fault, he does not need to compensate the woman. Statutory fault circumstances include: bigamy; Domestic violence; abuse and abandonment of family members; Cohabitation with others, etc.

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 in person to the marriage registration authority for divorce registration on cruise ships.

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 the husband and the 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.

Legal analysis: judging according to the time of marriage: if you are only engaged and not married, then if the marriage contract is dissolved, the bride price will be returned to the man in full, and whoever proposes to dissolve the marriage contract will be returned in full.

If the marriage has not lasted more than one year and the parties divorce, part of the bride price can be returned, and the proportion of the return held by the courts in various places is inconsistent. It depends. If you have been married for more than one year, the bride price cannot be returned in accordance with the law in the event of divorce.

Where the bride price is not refunded, but the 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 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. Combined with your situation, you have already gone through the marriage registration procedures, and generally cannot go back, so it is recommended that both parties negotiate to deal with it, which is more beneficial.

Legal basis: Article 1065 of the Civil Code of the People's Republic of China A man and a woman may agree that property acquired during the marriage relationship and property before marriage shall be owned separately or jointly, or partly separately or 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 belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.

First of all, you are in a common-law relationship and not a de facto marriage.

The new marriage law has abolished the term de facto marriage. If you cohabited as husband and wife before February 1, 1994, then you are considered to be in a de facto marriage! Conversely, cohabitation after 1 February 1994 is a cohabitation relationship.

Second, the judicial interpretation on the bride price.

Article 10 of the Interpretation 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 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.

No marriage certificate. When a man and a woman are together, this kind of de facto marriage is not protected by law! Since it is necessary to separate, it can only be resolved in private, and the man's request can be considered by the woman in appropriate circumstances!

If you do not get a license, you will be deemed to have not been married, and there will be no divorce problem, and the court will not accept it.

This can only be regarded as a breakup, not a divorce!