The two have sex, and now the man wants to withdraw from the marriage, can the bride price be return

Updated on society 2024-05-06
21 answers
  1. Anonymous users2024-02-09

    You can't understand your question, is it "now the man wants to withdraw from the marriage", or "I am the woman and I want to withdraw from the marriage"?

    Whether the bride price is returned or not is related to whether the marriage is registered in accordance with the law, but has nothing to do with "sexual relations between the two people". In other words, legally, "two people having sex" is not a precondition for whether the bride price should be returned.

    From your statement, it feels that you and the man are only engaged in folk customs, and have not registered their marriage in accordance with the law. To give you a legal basis, you can judge whether the bride price needs to be refunded according to your situation

    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 stipulates that: "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.

    Hope mine can help you.

  2. Anonymous users2024-02-08

    The bride price given by the man can be returned if he is not married, which is also stipulated by law. The law does not clearly stipulate the red envelope such as a meeting gift, it depends on how you define it, if it is a red envelope that is exchanged by ordinary people, such as a New Year's holiday, a birthday visit, etc., it does not need to be returned. If it is for marriage and is part of the bride price, it must be refunded.

    As for having sex, if the man mentions breaking up, you may still be able to ask for a breakup fee. If the woman mentions the breakup, you may have nothing.

  3. Anonymous users2024-02-07

    The law stipulates that it does not matter whether there is a sexual relationship or not. That belongs to the category of morality. The bride price given based on the marriage can be returned.

    But the greeting gift should not be refunded, unless the amount is relatively large. A greeting gift is like a gift. Men should not go too far, after all, two people have been in a relationship.

    The money is almost there. If you go out and find a woman, you can't have nothing for nothing. Since the purpose is to get out of the marriage, if you can solve the problem, don't be too careful.

  4. Anonymous users2024-02-06

    The bride price must be returned, and the law does not allow you not to get married, and the bride price will not be returned. Premarital sex is a matter of personal will, and if there is no possibility of inducement or coercion, it is not protected by law. Already spent or special transfer red envelopes, etc.) do not need to be returned, other greeting gifts, bride price, and engagement jewelry need to be returned, so well!

    Since you can't get back together, don't make trouble with each other, and give it to others!

  5. Anonymous users2024-02-05

    The situation should be able to get back a part of the bride price, because after all, it is a breakup, if the bride price is too much, it is allowed to return a part, which also depends on the woman's character and style, is it the kind of marriage object in order to cheat the bride price? Some people will have such an idea, just to cheat the bride price, and will not return it.

  6. Anonymous users2024-02-04

    When the two have sex, the man wants to withdraw from the marriage, and it is not impossible for the bride price to be returned, and it is good to ask for one-third.

  7. Anonymous users2024-02-03

    It doesn't matter if you have sex with the bride price, if you really want to return it, the bride price can be claimed back, but in view of the above facts, it is better for the man to compensate appropriately.

  8. Anonymous users2024-02-02

    It depends on whose responsibility it is to withdraw from the marriage, and if it is the woman's responsibility, the man has the right to claim the bride price. On the other hand, if the divorce is the responsibility of the man, he has no right to claim the bride price.

  9. Anonymous users2024-02-01

    Hello, basically don't go back, in the countryside, if the man wants to return, then he can't ask for the bride price, if the woman takes the initiative to return, you can ask for it.

  10. Anonymous users2024-01-31

    It's a complicated question. Since the marriage can't be completed now, how to deal with this bride price issue? It is generally dealt with according to custom and practice.

    It is possible that the reason for the failure of this marriage is not completed, which will affect the question of whether to return the bride price and how much. But on the other hand, since the bride price is under the control of the woman, if you do not agree to return it, then he can only sue for return.

  11. Anonymous users2024-01-30

    Generally speaking, the bride price is rushed to get married, if you want to withdraw from the marriage, it must be refunded, and if you propose it, then you should return the bride price. Only large amounts of money need to be refunded, and small amounts do not need to be refunded.

  12. Anonymous users2024-01-29

    The welcome gift is non-refundable, and other fees are subject to availability.

  13. Anonymous users2024-01-28

    If the man asks to break up, the bride price does not need to be returned, but on the contrary, it must be returned

  14. Anonymous users2024-01-27

    If the money is given on the basis of marriage, then if it is not possible to get married, the money should be returned, which is the bride price.

    The words of the greeting gift may be disputed.

  15. Anonymous users2024-01-26

    After all, this is your proposal to withdraw from the marriage, if the man has no responsibility, it makes sense for the man to return the bride price!

  16. Anonymous users2024-01-25

    What is the reason for the withdrawal, if there is someone outside you who retreats, then it should be returned, if it is he who wants to return and does not want you, it doesn't matter if this is not returned.

  17. Anonymous users2024-01-24

    According to the secular view, the party who offered the initiative wanted to return the gift money to the other party.

  18. Anonymous users2024-01-23

    The bride price should be refunded and appropriately compensated.

  19. Anonymous users2024-01-22

    set up a banquet, didn't have a marriage certificate, and didn't have children, but he beat me, I don't want to continue, how to return the bride price.

  20. Anonymous users2024-01-21

    The bride price is not a legal term, but a custom. In the common understanding, the bride price refers to the dowry or gift money given to the other party in marriage and love. Bride price dispute litigation is generally divided into two kinds, one is to sue for the return of property in the marriage contract bride price dispute, and the other is to demand the return of the bride price in the divorce dispute.

    If the marriage has been registered, the return of the bride price may be requested in divorce proceedings.

    As for the question of whether the bride price should be returned in full, in judicial practice, judges usually consider factors such as the length of time the parties have lived together, the amount of the bride price, local customs, the actual use of the bride price, and the degree of fault of both parties to determine whether to return the bride price and the amount to be returned.

    In general, the conditions under which the return of the bride price cannot be claimed:

    1. The man and the woman have lived together for more than two years without going through the marriage registration formalities;

    2. The two parties have not gone through the marriage registration formalities and have lived together for less than two years, but have children;

    3. The bride price received has indeed been used for living together.

    [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.

    Article 1091:In any of the following circumstances, where a divorce is caused, the party who is not at fault has the right to claim damages:

    a) bigamy; 2) cohabitation with another person;

    3) Committing domestic violence;

    4) Abuse or abandonment of family members;

    5) There are other major faults.

    Interpretation (1) 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

    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.

  21. Anonymous users2024-01-20

    In accordance with Article 10 of 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, "where the parties have gone through the marriage registration formalities but do not live together, and the parties request the return of the bride price paid in accordance with custom, the people's court shall support it", the woman shall return the bride price to the man. In the case of failure to complete the marriage registration formalities, the people's court will support the request for the return of the bride price paid in accordance with custom. In accordance with Article 10 of 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", where a party requests the return of the bride price paid in accordance with custom, and the parties have not completed the marriage registration formalities, if it is ascertained that this is the case, the people's court shall support it.

    Accordingly, no matter who proposes to break up, the man can ask for the return of the bride price. It should also be noted that: 1. The man's first repentance of marriage does not affect his request for the return of the bride price; 2. The husband has no right to claim compensation for mental damages; 3. The bride price must be based on local customs and customs, and it must be paid as a last resort for marriage.

    Otherwise, it is regarded as a gift and the husband has no right to demand its return.

    Legal basis: 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) Article 5: 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 to fall 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 on lack of laughter in items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties.

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