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Anonymous users2024-02-11Tianjin professional divorce lawyer Li Peng will answer for you!
Hello: 1. The registered marriage system adopted by our country is subject to obtaining a certificate at the Civil Affairs Bureau.
2. If the two parties are not married, or if they are married and do not live together, they should be returned.
Article 10 of the Interpretation (II) of Several Issues Concerning the Application of the Marriage Law of the People's Republic of China provides that "if 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 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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Anonymous users2024-02-10If the marriage is not registered, the bride price will be returned.
Moreover, if you do not receive a marriage certificate, you are not a legal husband and wife, there is no divorce, and you can break up by agreement.
According to Article 10 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China, the bride price should be returned under three circumstances:
1) The parties have not registered the marriage formalities;
2) Although they have gone through the marriage registration formalities, they do not live together;
3) The payment of bride price before marriage causes difficulties in the payor's life.
Items (2) and (3) above must be conditional on divorce.
For more information, please ask a divorce lawyer.
You can ask a lawyer to take a look.
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Anonymous users2024-02-09Without a marriage certificate, if the cohabitation of the two does not meet the criteria for the determination of de facto marriage, it is not a husband and wife relationship. There is no such thing as divorce. It is up to both parties to break up by agreement and agree to return the bride price.
If the parties cannot reach an agreement on the return of the bride price, they can go to court to file a lawsuit.
According to Article 10 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China, the bride price should be returned under three circumstances:
1) The parties have not registered the marriage formalities;
2) Although they have gone through the marriage registration formalities, they do not live together;
3) The payment of bride price before marriage causes difficulties in the payor's life.
Items (2) and (3) above must be conditional on divorce.
There is a provision for the return of the bride price in the Marriage Law, but there is no special procedure, and the right needs to be realized through litigation.
The following elements are required for a de facto marriage to be constituted:
Cohabitation (i.e., a man and a woman living together in a continuous and stable manner) began before 1 February 1994.
2. Cohabitation takes place in the name of husband and wife.
3. The cohabiting parties had met the substantive requirements for marriage at the time of cohabitation prior to 1 February 1994.
The so-called substantive requirements for marriage are the conditions that must be met by both men and women to establish a relationship between husband and wife, including: 1. Both parties have reached the legal age of marriage (22 for men and 20 for women); 2. Both parties are willing to marry; 3. Neither party has a spouse and does not belong to the direct blood relatives or collateral blood relatives within three generations; 4. Do not suffer from any disease that is medically considered unsuitable for marriage.
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Anonymous users2024-02-08If your so-called "no marriage certificate" means that you have not registered your marriage, then in fact you have not entered into a marriage relationship, and there is no divorce from the law, in this case, the bride price will be returned;
If you say "no marriage certificate" means that the marriage certificate is lost, the bride price will generally not be refunded.
Explanation 2 of the Marriage Act
Article 10: Where parties request the return of 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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Anonymous users2024-02-07According to 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 (Fa Shi [2003] No. 19).
Article 10: Where parties request the return of 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.
Therefore, where the parties have not completed the marriage registration formalities, and the parties request the return of the bride price paid in accordance with custom, the people's court shall support it.
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Anonymous users2024-02-06If you do not receive a marriage certificate, you are legally considered not married, and the bride price should be returned.
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Anonymous users2024-02-051) The parties have gone through the marriage registration formalities but do not live together;
2) Premarital payments that make life difficult for the payor.
3) The parties have not gone through the marriage registration formalities;
The provisions of items 2 and 3 of the preceding paragraph shall be used as a condition for the divorce of both parties.
The above situation meets the requirements of paragraph (3), so the bride price can be returned to Luling.
Legal basis: Article 1042 of the Civil Code of the People's Republic of China.
It is forbidden to arrange marriages, buy or sell 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.
Article 5 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China (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 marriage registration formalities but do not live together;
3) Premarital payments that cause hardship to the payor.
The application of the provisions in items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties.
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Anonymous users2024-02-04Legal analysis: If you are not married, you can return the bride price if you are divorced. The bride price needs to meet the following three conditions:
The parties have gone through the marriage registration formalities but do not live together; premarital payments that cause hardship to the payor; The parties did not go through the marriage registration formalities. The provisions of items 2 and 3 of the preceding paragraph shall be used as a condition for the divorce of both parties.
Legal basis: 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.
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 (I) adopted on December 25, 2020 and effective as of January 1, 2021).
Article 5: Where parties request the return of 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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Anonymous users2024-02-03First of all, it needs to be made clear that if you have not received a marriage certificate, there is no problem of divorce or non-divorce, and if you do not receive a marriage certificate, you can directly dissolve the cohabitation relationship without going to the court or the civil affairs bureau to go through the divorce procedures. If the parties have not registered their marriage, the bride price needs to be returned according to the legal basis. In this case, if the parties have not completed the marriage registration formalities and have not lived together for a long time, the bride price can be returned according to the actual situation.
However, in most areas, unmarried cohabitation may constitute a de facto marriage or a long-term cohabitation, and it is somewhat unrealistic to ask for the return of the bride price. Therefore, if the cohabitation is longer or a de facto marriage is formed, the bride price may not be returned.
Legal basis: Article 10 of the Interpretation (II) of the Supreme People's Court 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, if it is ascertained that the following circumstances are immorality, the people's court shall support it:
1) The parties have not gone through the marriage registration formalities; Myeongdong.
(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.
Without a marriage certificate, there is no need to apply for a divorce certificate.
If the marriage certificate cannot be provided because of the failure to go through the marriage registration, there are two situations: one is that the time of cohabitation occurred before the promulgation and implementation of the "Regulations on the Administration of Marriage Registration" of the Ministry of Civil Affairs on February 1, 1994, and it is treated as a de facto marriage. >>>More
In your case, it cannot be regarded as a marriage relationship, because the failure to obtain a marriage certificate does not meet the substantive requirements for marriage, and there is no longer a de facto marriage after February 1, 1994, you can only be regarded as an illegal cohabitation relationship, so there is no need for divorce. However, the other party has the obligation to raise the child and can ask for child support.
If you don't have a marriage certificate, you don't need to go through divorce procedures, you can just separate. If the property and children cannot be negotiated, they can sue the court. The custody of the two children shall be resolved through negotiation between the two parties, and if the negotiation is inconsistent, they may apply to the court for settlement. >>>More
As long as you are born in China, the living person is a Chinese citizen and can get a hukou. With the birth certificate, the parents' household registration book and ID card can go through the relevant procedures at the place of household registration. Even if the parents are at fault, the child should not be responsible for this mistake.