I just got married for more than two months and wanted to get a divorce, and I asked for 100,000 fin

Updated on society 2024-05-16
19 answers
  1. Anonymous users2024-02-10

    First of all, it is necessary to determine whether the 100,000 yuan you want or the man takes the initiative to give it, if you want it, the marriage time is not long, it is to be returned to the man, but it does not need to be refunded in full, if it is given by the man, it depends on the situation.

  2. Anonymous users2024-02-09

    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 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.

  3. Anonymous users2024-02-08

    It depends on who is advocating for the divorce, if you advocate for divorce, you have to retreat, if the other party advocates divorce, you will not return.

  4. Anonymous users2024-02-07

    must be returned, otherwise it will be considered a fraudulent marriage.

  5. Anonymous users2024-02-06

    It must be returned, as stipulated by law.

  6. Anonymous users2024-02-05

    First, legal means, you need to prove that you can return because of the bride price because of poverty! Second, if you come to mix, you will not return or divorce, or you will directly threaten to go and take out the strength to die. (Scare, don't come to really).

  7. Anonymous users2024-02-04

    If you want to quit, you can quit, and if you don't want to quit, I don't think the law will sentence you to quit.

  8. Anonymous users2024-02-03

    Just two months after getting married, you asked for 100,000 yuan, you want to leave, and you don't want to return the money, you cheated on the marriage!

  9. Anonymous users2024-02-02

    You're going to file for divorce, and you're not going to get the money back.

  10. Anonymous users2024-02-01

    A few days ago, there was such a news, the father-in-law bought a Mercedes-Benz for his son-in-law, and divorced soon after marriage, the woman wanted to return the car, and the court supported the woman's request, and the premise of the gift was because the two of them were husband and wife, since they were separated, the things returned to their original owners.

  11. Anonymous users2024-01-31

    Let's discuss! Just let a condition that both families accept!

  12. Anonymous users2024-01-30

    From a moral point of view, is it appropriate if you want to divorce and not return 100,000 yuan?

  13. Anonymous users2024-01-29

    Give me back the flowers I gave you, and I'll burn them as firewood. I will spit it out if I eat mine, and I will not give it to you if I feed the pigs.

  14. Anonymous users2024-01-28

    In two months, the service fee of 100,000 yuan is too dark.

  15. Anonymous users2024-01-27

    Divorced just two months ago, it must not be the object of his own work.

  16. Anonymous users2024-01-26

    It depends on what the reason is and who proposed it.

  17. Anonymous users2024-01-25

    Whether the bride price of 100,000 yuan for divorce in the first month of marriage is refunded is based on comprehensive factors such as whether they have lived together after marriage, the length of time they have lived together, the party who filed the divorce first, and the impact of the divorce on the man's life.

    The bride price is a gift for the purpose of marriage, and as long as the parties get married and the purpose is achieved, the gift will have legal effect and cannot be returned. However, if the parties do not live together, or if the payment of the bride price makes life difficult for the husband, the bride price needs to be returned.

    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 two 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 payment and causing difficulties in the payor's life.

    The bride price refers to the money and goods paid by one of the parties to the marriage relationship, mainly the man and his relatives to the other party according to customs, mainly the woman and her relatives. Although the act of giving a bride price is not encouraged by law, it is not prohibited.

    Legal basis] Civil Code of the People's Republic of China

    Article 1049:A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration office. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

  18. Anonymous users2024-01-24

    The gold jewelry given by the man to the woman before marriage is a kind of premarital gift: according to the existing cases, if the woman Gao Que withdraws from the marriage, it is generally the full amount of the pre-marital gift given by the man, because this kind of gift actually has an agreement between the two parties, that is, the two parties establish a husband and wife relationship, which generally includes cash and valuable jewelry.

    1. If the bride price is received or purchased by one party personally, the property donated by one party during the existence of the husband and wife relationship shall be the joint property of the husband and wife unless there is a special agreement.

    2. If the man and woman do not live together, the property shall be reasonably divided according to the ** of the property.

    3. If the marriage between the two parties lasts for a short period of time, and the party who gives the bride price causes difficulties in life, it may be dealt with in accordance with the spirit of Article 8 of the above provisions, and the party who has difficulties in life shall be given appropriate preference when dividing the joint property.

    4. The bride price is in the possession of one of the families. Since the bride price is not transferred to the property community of the husband and woman, but is only occupied by one of the families, it is not the joint property of the husband and wife.

    5. If a man and a woman live together without going through the marriage registration formalities, and the bride price received has indeed been used for living together, the bride price does not need to be returned after divorce. In the event of the death of the parties to the marriage contract during the marriage contract, the bride price does not need to be returned after the divorce. However, this does not apply if a lawsuit has already been filed before death.

    Article 1062 of the Civil Code The following property acquired by husband and wife during the existence of marital relationship shall be the joint property of husband and wife and shall be jointly owned by 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.

  19. Anonymous users2024-01-23

    Is the bride price of 100,000 yuan refunded for divorce in January of marriage, which needs to be analyzed according to the specific situation:

    1. If both parties are married and live together, the gift will have legal effect and cannot be returned;

    2. If the marriage certificate is not obtained, there is no fact of marriage. If the bride price is accepted, the husband has the right to request the bride price to be returned at the end of the relationship.

    What formalities are required for divorce.

    The procedures that need to be prepared for divorce are as follows:

    1. To prepare the divorce agreement, both men and women must sign a written divorce agreement, which must include voluntary divorce and child support, property and debt negotiation, etc.;

    2. To accept the application, both the man and the woman prepare the relevant materials to apply for divorce registration at the Civil Affairs Bureau in person;

    3. Cooling-off period: Within 30 days from the date of application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the Civil Affairs Bureau.

    [Legal basis].Article 5 of the Interpretation (1) 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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