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Generally speaking, the bride price should not be refunded in divorce, but if the marriage is not long, the amount of the bride price is excessive, and the man's family life is difficult due to the payment of the bride price, it should be appropriately refunded.
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The law stipulates that if there is no actual living together after the marriage registration, and if the payment of the gift money causes difficulties in one's own life, the other party may be required to return the gift money paid, and if necessary, may claim rights to the people's court.
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In the case of divorce, the man wants to return the gift money, what kind of things to see, give you the bride price, the woman asks for hundreds of thousands, you can return, if you buy clothes, and buy ordinary things The amount is not large, what else to refund?
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It's useless to show any proof, it's almost the same to withdraw from the marriage and propose to return the gift money, the marriage is over, the divorce can only talk about the division of property, the gift money is the dowry for you to marry the other party, how to return the marriage is over, otherwise it would be too irresponsible to get married!
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If you have been married for many years, the bride price will not be returned. But there are also some cases where the woman who has just gotten married is about to get divorced. It's going to court to sue him for being involved in a fraudulent marriage.
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If the man wants to return the gift money, what proof will it be advantageous to show? I think it might be more advantageous to show the receipt for the spent.
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If I am divorced, why can I get a gift money? Is it possible to return clothes after buying them for a few days and wearing them?
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At the beginning, it was best to have an agreement, sign something, first the villain and then the gentleman.
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The transfer record, there is a note that it is a gift money, which is even better. And the chat logs, all of them. As long as you can explain that the money is a gift money, you can do it.
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Cheating on marriage is a strong proof of this. In addition, men who ask for a refund of the bride price in divorce can be called a wreck.
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The prenuptial agreement is the most powerful indication that the expenses incurred by the couple after the marriage, if recorded, can be used as evidence, and these can be added to the divorce compensation agreement.
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If the man can have an accident and the evidence of the woman's cheating on marriage is proved, you can consider returning the gift money, and if there is no evidence of fraud, it will be difficult to return the gift money.
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Legal Analysis: It Should Be Returned. Whether the gift money will be refunded or not shall be negotiated by both parties.
If the husband pays the bride price, if the parties have not completed the marriage registration formalities, or if the marriage registration formalities have not been completed but do not live together, or if the payment is made before the marriage and causes difficulties in the life of the payer, the man may file a lawsuit with the court to request the woman to return the bride price. The pre-marital gift money should generally not be counted in the joint property of the husband and wife, and the "gift money" is also "engaged" according to the pure language of the common hall, and since the marriage means that both parties (including the parents) agree before the marriage, and after the marriage, it is another way of saying that it must have nothing to do with the gift money, and if you want to divorce, it is also the joint property after marriage.
Legal basis
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Article 10: 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.
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Legal analysis: whether the bride price is refunded after divorce needs to be handled on a case-by-case basis. If the parties have gone through the marriage registration formalities but do not live together, or if the payment is made before marriage and causes hardship to the payor, the bride price needs to be returned to the husband at the time of divorce.
Legal basis: "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)" Article 5 Where a party requests the return of the bride price paid in accordance with custom, 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) 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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After divorce, the gift money generally does not need to be returned to the man, except for the following two circumstances: 1. If the two parties divorce without actually living together after getting married, the man can ask the woman to return the gift money; 2. If the man's pre-marital payment of gift money causes him to have difficulties in his life, he can ask the woman to return the gift money when he divorces.
Article 5 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section of the Civil Code 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) 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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Legal analysis: The legal conditions for the return of the bride price are as follows: 1. The parties have not received a marriage certificate; 2. Although both parties have obtained a marriage certificate, they do not live together; 3. The party who talks about Zen has difficulties in life because of the payment of the bride price.
If the above three circumstances are met, it is possible to obtain the support of the court when claiming the return of the bride price. If the above circumstances are not met, the court will generally not award the return of the bride price.
Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where both husband and wife voluntarily divorce and accept the dust and tomato code, 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 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.
Recourse to the law. Let's go through the divorce process.
1. The first stage: the prosecution stage.
This phase consists of the following three procedures: >>>More
The law does not stipulate how long it takes to divorce after separation, and no matter how long the separation lasts, if both parties do not file for divorce, the marriage will not be automatically dissolved. If you sue for divorce and have been separated for 2 years, the court will support the divorce. If the two parties do not reach an agreement on the division of property and child support, they can sue the court for divorce.
Then go to court and sue for divorce.
Hello. 1.Divorce can be negotiated, sign a divorce agreement to deal with the issue of children's property, and then take the divorce agreement and marriage certificate to the civil affairs bureau to go through the divorce procedures. >>>More