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You're not married at all, so why talk about divorce? However, according to the first paragraph of Article 10 of the interpretation of the Marriage Law of our country, you can request a return, and the law is on your side.
Here, the law makes special provisions for the special gift of bride price, if the other party refuses to take it to court, but you have to collect relevant evidence! Think about it before giving the bride price in the future.
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Before you get married, you think of getting a divorce? Why do you think so much about money? The lottery will be refunded unless the woman is willing, what can you do if you don't want to?
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If you don't want to get married, is it worth asking for that money?
Even if you are divorced, don't let the woman's family think that you are such a money-loving person.
Even if you get divorced, it's okay to leave a good impression on the other party, at least you loved it before.
Don't think about money without feelings. Vulgar.
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Want to get a divorce before you get married?
The law does not protect the winnings, and the marriage law can only protect and bind the joint property of the husband and wife.
However, a civil action can be brought for unjust enrichment.
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There is a saying that if the man regrets the marriage, then he has no return, and if the woman repents, he should return.
Is it considered marriage if I don't have a marriage certificate?
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You're taking your money too seriously, aren't you?
But it depends on why you don't get married again, if it's the woman's problem, then it's another matter!
However, in my opinion, it's better not to ask for it, it shows that you are too stingy!
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Legal analysis: If you do not apply for a marriage certificate, you are not a legal husband and wife, and legally you are not married, and there is no divorce at all. The law stipulates that the bride price is premised on marriage, and if the man and woman do not apply for a marriage certificate, and the last two must be separated, the bride price must be returned, but the amount of the refund should be determined according to the situation of the disorder, and not all of them will be refunded.
Legal basis: 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 of items 2 and 3 of the preceding paragraph shall be conditional on the divorce of both parties.
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If the divorce is not obtained without a marriage certificate, the bride price needs to be returned by the woman. There are three situations in which the bride price needs to be returned, specifically:
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 act of paying the bride price needs to be the act of justifying the bride price before marriage for the purpose of marriage, and the payment of the bride price is based on a local folk custom, a customary practice. Although the nature of the act of giving a bride price is still uncertain, one thing is certain, that is, the payment of a bride price is fundamentally different from the act of soliciting property under the pretext of marriage, arranging a marriage, etc., and it is also different from an act of unconditional gifting in the same sense. This kind of bride price is paid for the purpose of marriage, but it is not a voluntary payment.
When deciding whether or not to return the bride price, the main basis for the judgment is whether the parties have already entered into a marital relationship, and if the bride price is paid and regrets that the marriage relationship has not been concluded, in principle, the party receiving the bride price shall be cautious in returning the bride price. If the bride price is paid and the person is already married, in principle, the bride price will not be returned, and only in some special circumstances will the party's request for return be supported.
Legal basisArticle 5 of the Interpretation (I) 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.
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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There is no marriage certificate, but if the parties have held a marriage ceremony and then lived together, then the bride price does not need to be returned. However, if you have not received a marriage certificate, nor have you handled the marriage ceremony, and you have not lived together, the bride price needs to be returned. Law.
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, 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.
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Summary. Dear, if you get married and divorce without a license, the woman wants to return the bride price.
Dear, if you get married and divorce without a license, the woman wants to return the bride price.
The Supreme People's Court has issued an interpretation of the Civil Code, which applies to marriage and family. Article 5 clearly stipulates that if a party requests the return of the bride price in accordance with custom, the people's court shall support it if it is ascertained that it falls under the following circumstances:
1. Both parties should be careful not to go through the marriage registration procedures; 2. The two parties have gone through the marriage registration formalities but have not lived together in harmony and hardship; 3. Premarital payment and causing difficulties in the payor's life. The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the cancellation of the divorce of both parties.
Can I request a return?
You can see that you can request a return according to the above provisions.
What is your current situation?
It's the Cold War.
Because there is no marriage certificate, there is no need to go through the divorce procedures, in fact, the main issue is the bride price.
How long have we lived together?
More than a month! Everything else is separation.
That shouldn't have any children, right?
No. In this case, it is indeed possible to request a refund of the bride price.
Can it be sued?
If the woman does not return, the man can sue.
Have you both consulted?
No. Why don't you take a dip?
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Summary. Because the first circumstance is met, the marriage has not been registered.
Hello, the man can claim the return of the bride price under the following circumstances: (1) the man and the woman have not gone through the marriage registration formalities; (2) If a man and a woman go through the marriage registration formalities but do not live together, they may request the return of the bride price in the divorce proceedings; (3) If the payment is made before marriage and causes the payer to have difficulties in life, he can also request the return of the Cairu potato gift in the divorce lawsuit.
Hello, the man can ask for a refund of the bride price.
Because the first circumstance is met, the marriage has not been registered.
It's hard and can't quite come back.
So what else do you need to understand now? Even if you understand, are you still going to marry him?
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