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Your sister has received a marriage certificate, which is already a marriage relationship in law, and it should be divorced if it is not a civil divorce. The marriage certificate is the legal certificate of the marriage relationship, even if there is no invitation and banquet ceremony, your sister and him are also legal husband and wife. Even if they are husband and wife, there is no question of returning the bride price, only the division of the joint property of the husband and wife.
If your sister wants to withdraw from the marriage (in fact, divorce), and the two fail to negotiate, they can file a divorce lawsuit with the people's court, and the standard for judging the divorce is that the relationship between the husband and wife is completely exceptional. The conditions for a statutory divorce are:
1. Committing domestic violence or abandoning a family member;
2. Bigamy or cohabitation of a spouse with another person;
3. Those who have bad habits such as gambling and drug abuse that they have repeatedly refused;
4. Those who have been separated for two years due to emotional discord;
5. One party is declared missing and the other party files a divorce lawsuit.
Article 32, paragraph 2, of the Marriage Act stipulates that "if there is a real breakdown of the relationship and mediation fails, a divorce shall be granted".
I hope it will be helpful to you, if you still have any questions, you can contact me QQ 45925499, indicate "know".
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According to what you said, they should be considered divorced.
Judging from the actual handling of the case, the bride price should be refunded, not less than 70%. (If you have lived together for several months, only 30% will be refunded for no more than one year).
He wants a loss of youth fee and a living security payment, which will not be supported by the court in the actual trial.
Failure to sign does not affect the validity of the law.
Fighting is not the solution to the problem, but it is better to bring self-defense** and be mentally prepared to protect yourself first.
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Hello dear and want to withdraw from the marriage, say directly to the man's family, because the engagement is not legally binding, but more of a moral concept, so as long as the woman really wants to withdraw from the marriage, if the man does not agree, the woman can also withdraw, because marriage is free.
Legal basis: Article 1041 of the Civil Code of the People's Republic of China.
Marriage and family are protected by the state.
Freedom of marriage, monogamy, and equality between men and women are practiced.
Protect the legitimate rights and interests of women, minors, the elderly, and the disabled.
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.
If you think about it clearly, just return it.
1.If you are a man, the divorce has a certain impact on the woman, then your gift money or jewelry should be left for the woman as an apology, if the woman does not return the gift money or the lion opens his mouth, you can sue to get it back.
2.If you are a woman and you proposed to withdraw from the marriage, then return the gift money, cash out the jewelry, and return the gifts purchased by the man.
If you want to withdraw from the marriage, then you should talk to the woman clearly, you think that it is not suitable for you to be together, so you should withdraw from the marriage, think about things clearly and do it quickly, and minimize the damage, it will be very painful if you are not suitable to be together, not only you are painful, but the other party will also be very painful, so you explain the situation clearly to the woman, and I believe she will understand you.
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If you encounter a situation where you need to withdraw from the marriage, you should give priority to communicating with the other half and analyzing the reasons, strive for both parties to reach an agreement, and calmly solve the problem of divorce. If one party has already made a decision to withdraw from the marriage, they should also be honest with the other party about their thoughts and plans as soon as possible, so that both parties can fully understand and accept it, and resolve the breakup as peacefully as possible. It should be noted that the registration of marriage under the Marriage Law is a statutory formality, not an indefinite trial period.
Therefore, if one party has already made the decision to withdraw from the marriage, it should go through the entire divorce process through legal channels as much as possible to achieve legal contract termination and protection of personal rights and interests. In this process, you can seek the assistance of a professional marriage expert or legal lawyer to achieve better results.
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If the marriage contract is to be dissolved, those who are not yet married generally need to return the bride price and other property.
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This phrase originated in ancient philosophy, emphasizing the importance of fathers supporting their offspring and nurturing family talents. It can be understood as "parents educate their children to become what kind of person they will be, and what kind of person their children will grow up to be in the future." Therefore, "what was the father at the beginning, what is the child now" can be understood as the quality, literacy, and ability of the child's growth now are the influence and cultivation results of the parents in the education, guidance, cultivation, and inheritance.
This sentence reminds people that they should educate and guide their children well, cultivate good character in them from an early age, and shape good characters and habits so that they can become useful talents and useful members of society in the future.
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This needs to be carefully discussed. In the past, if you received a bride price or other valuable material items from others, you need to return them.
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Think about it carefully and then decide, and if you are sure of your feelings, return the money and things to the other person.
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Why Engaged? Free love or family factors? Either way, you must make it clear, no one should suffer, no one should take advantage!
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Negotiate with the other party. Explain why.
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Divorce shows that the matter is more urgent, at least for us should be in time to stop the loss. Then be firm in your choice, hesitate to mislead others and yourself!
The reason for the divorce is nothing more than finding that you don't love each other, this situation is relatively common, and you can't firmly go to the end with each other. At this time, I would have no choice but to choose this somewhat cruel way to end.
At this time, we should consider that our cruel choice is not only responsible for ourselves, but also responsible for the other party, if necessary, it is recommended to explain the problem and your thoughts to the woman, and obtain the consent of the other party to persuade his family.
Is there room for regret?
Yes! If you can accept the other person in your heart, or say that the other person loves you enough, this situation can be tolerated. And after marriage, it will be more stable and happy, and there will be no problems that we are worried about.
We can't give up our decisions because of guilt, but we can make up for the mistakes that have not been made because of the other person's care and love.
The key point is whether you can accept the other person? Put aside the guilt, if you can't separate directly, don't pull it, it's also a kind of respect for the other party, if you can accept it, in fact, for us to accept the other party's redemption, it is relatively rational and in line with the marriage choice.
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If you take the initiative to withdraw from the marriage, how do you feel sorry for others, then if you are sorry, others should tell others more and say sorry.
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If you think about it, end it early, cut through the mess quickly, it will be a relief for you and her.
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Legal analysis: The law does not provide for divorce, and the law is not binding on both parties until they go through the marriage registration. Therefore, the party who has withdrawn only needs to notify the other party of the divorce, but if the bride price has already been received, the bride price that has been collected needs to be returned to the other party to avoid conflicts in the later stage.
Legal basis: Article 1046 of the "First Civil Code of the People's Republic of China" Shen Qin Pei Article 1046 Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other party, nor shall any organization or individual interfere with it.
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Legal Analysis: Betrothal refers to a prior agreement between a man and a woman for the purpose of future marriage, and it is a folk custom. According to the provisions of China's Marriage Law, only when both men and women have registered their marriage at the marriage registration office can they be considered married, and only then will they be recognized and protected by law.
Betrothal, on the other hand, is not a legal and mandatory procedure for marriage, and therefore does not have the force of law and is not protected by law. Gold jewelry and other items given to the other party after the engagement can be resolved through negotiation, mediation or litigation between the two parties. If the woman is unwilling to take the initiative to return, she can conduct some mediation through the relevant departments or sue the court to demand the return of the property.
However, if these items are voluntarily given by the man, they will not be returned in principle, and if the property is forcibly requested by the woman or obtained by fraud through engagement, the heavy gold jewelry items shall be returned, and the small items may not be returned.
Legal basis: Civil Code of the People's Republic of China
Article 1062 The following property acquired by husband and wife during the existence of their marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife
1) Wages, bonuses, and remuneration for labor services;
2) Income from production, operation and investment;
3) income from intellectual property rights;
4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;
5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
Article 1063 The following property shall be the personal property of one of the husband and wife:
1) the pre-marital property of one of the parties;
2) Compensation or compensation received by one party for personal injury;
3) Property that is determined in a will or gift contract to belong to only one party;
4) Daily necessities for the exclusive use of one side;
5) Other property that shall belong to one side.
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Principles are not ropes that bind themselves.
When you are troubled, you can rely on the outside world to alleviate your troubles, such as listening, playing ball exercises, playing online games, traveling, talking to someone, making trouble with friends, etc., etc., can alleviate the negative emotions in your heart, but it is not fundamentally solved, if you want to make your heart suddenly clear, you need to sort out the reason for your own emotions, whether it is someone else doing something or someone else saying a word, Any thing or words that can cause your emotions are caused by triggering those sensitive aspects of yourself, and external causes are caused by internal causes, think about why you have emotions about this matter or this sentence, explore yourself well, if you solve your sensitive aspects, then you will not be able to arouse your emotions when you encounter the same thing or hear the same words in the future, then you will have achieved corresponding growth.
Let yourself sink your heart, your heart will be at ease, you can give birth to lotus step by step, your heart will be clear, everything will be clear, so let go of these unpleasant things, let go of your troubles, let go of your troubles, and become Bodhi, and change your mind, that is, a sunny day.