After holding a wedding banquet for a year, she did not get a marriage certificate, and the woman pr

In this case, although the parties had held a wedding banquet in accordance with traditional customs, they had not yet registered their marriage. Then the relationship between the parties is only a formal marriage, and this relationship is not protected by law. At the same time, if the parties break up during this period, it is a choice of lifestyle choices made by the parties, and there is no compensation.

At the same time, if there is a dispute about the bride price between the two parties at the time of separation, and it cannot be resolved through negotiation, it can be resolved through litigation. According to paragraph 3 of Article 10 of the Interpretation of the Marriage Law, the judgment for the return of the bride price shall be based on the premise that the payer has difficulties in life caused by the payment of the bride price. Hardship refers to the inability to maintain a basic standard of living in the local area by relying on personal property and property distributed at the time of divorce, which is an absolute hardship.

The following factors should be taken into account when there are real hardships:

1) The payer borrows debts jointly for the purpose of entering into a marriage, resulting in a large number of debts for the family;

2) family members have no regular income;

3) Serious illness in a family member;

4) Other emergencies that cause difficulties in family life;

According to the principle of allocation of the burden of proof, the payer bears the burden of proof for the cause of his or her own hardship.

Determination of the amount of rebate:

1) If both parties have not gone through the marriage registration formalities, they shall generally return the full amount;

2) If both parties have gone through the marriage registration formalities but do not live together, they shall generally return the full amount;

3) The amount of refund shall be determined according to the degree of difficulty of the payer;

4) The amount of rebate is determined according to the length of marriage. The time of marriage should be based on the actual time spent together. If a divorce is filed within one year of actually living together, the amount of the bride price may be refunded at the discretion of more than half; If a divorce is filed within two years of actually living together, the amount of refund may be determined by more than half of the total; For more than two years, it will generally not be returned.

5) Determine the amount of return based on the fault liability that led to the breakdown of the relationship. Where the relationship between the husband and wife breaks down due to the fault of the payer, it is generally not returned. If it is true that the payment of the bride price causes absolute hardship, the amount may be determined at the discretion of less than half; If the relationship between the husband and wife breaks down due to the fault of the recipient, the amount to be returned may be increased accordingly.

Not eligible, but the woman can file a civil lawsuit against you, after all, you already have the fact of marriage, if you don't want to divide the property, it is better to clarify who is at fault.

1. It depends on the situation, and searching for a model without a certificate is not a marriage relationship in law. If it is proved that the man has infringed on the woman's right to reputation, he may claim compensation for moral damages.

2. Article 1049 of the Civil Code: Completion of marriage registration and establishment of marriage relationship. If the marriage has not been registered, the branch shall be re-registered.

Article 1024: Civil subjects enjoy the right to reputation. No organization or individual may infringe upon the right to reputation of others by insulting, slandering, or other means.

Summary. At present, it is recommended that you negotiate with the man first, and if the negotiation fails, you can appeal to the court.

We didn't get a marriage certificate, we only had a banquet, and the man asked to break up, can the woman get compensation from the man?

Dear, I'm Li Niu, and I'm honored to answer for you. If you want to get compensation from the man, you need to see if the wrong party is the man. If the other party asks to break up without your fault, you can claim compensation.

Because many people know that you have already hosted a banquet, it is a very big loss to your reputation. Therefore, it is reasonable for you to ask the man for compensation.

At present, it is recommended that you negotiate with the man first, and if the negotiation fails, you can appeal to the court.

Summary. If the divorce is the fault of the other party, you can file a divorce lawsuit to fight the lawsuit, and the division of the shared property will be tilted in your favor, and you can even claim compensation for moral damages.

If a man and a woman get married and get a marriage license for a year, and the man does not give the woman the bride price money when they get married, and the man files for divorce, how should the woman file for compensation and how to protect her rights?

Hello, it's only been half a year since you got married, and you married him without asking for anything, what is the reason for the man to file for divorce now?

If the divorce is the fault of the other party, you can file a divorce lawsuit to fight the lawsuit, and the division of the shared property will be tilted in your favor, and you can even claim compensation for moral damages.

Analysis of the law of law calling: According to the provisions of China's marriage law, only those who have obtained a marriage certificate can become a legal husband and wife. If the marriage certificate is not obtained, the wedding is not a legal marriage, and there is no problem of divorce.

Therefore, in the absence of a marriage certificate, there is no need to compensate the woman.

Legal basis:1Article 31 of the Marriage Law of the People's Republic of China stipulates that the marriage registration authority shall issue a marriage certificate after examining the household registration, identity certificate and other required materials of both the man and the woman.

2.Article 212 of the Contract Law of the People's Republic of China stipulates that the parties shall not conclude or modify a contract in violation of the mandatory provisions of the law.

3.Article 39 of the Civil Code of the People's Republic of China stipulates that the principle of voluntary marriage means that both men and women can choose their spouses independently, fall in love freely, and marry voluntarily.

To sum up, in the case of not obtaining a marriage certificate, there is no need to compensate the woman.

If you don't get a marriage certificate after holding a banquet, do you have to lose money if you divorce Not necessarily, you generally don't need to compensate for filial piety. If the bride price is generous, the man may sue. Article 1063 of the Civil Code [Personal Property of Husband and Wife] The following property is the personal property of one of the husband and wife:

a) the pre-marital property of one of the parties; 2) Compensation or compensation received by one party for personal injury; (3) It is too early to determine in a will or gift contract that the property belongs to only one party; (4) Daily necessities for the exclusive use of one side; (5) Other property that shall belong to one party. Article 1064 of the Civil Code [Joint Debts of Husband and Wife] Debts borne by both husband and wife in the joint signature of the husband and wife or the subsequent recognition of the husband and wife, as well as the debts incurred by one of the husband and wife in his or her own name during the existence of the marital relationship for the daily living needs of the family, are joint debts of the husband and wife. Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

It is advisable for people who have not obtained a marriage license to get a lawyer to help, there are a variety of lawyers available online who can help you no matter what legal problem you encounter.

Summary. Hello, dear. We're happy to answer your <>

According to the law, after the legal marriage relationship has been established, the division of matrimonial property needs to be considered in the divorce. However, for couples who are not married, the breakup is not considered a divorce, so there is no question of the division of marital property. If you mean the question of a boyfriend and girlfriend relationship breakup, then whether you need compensation after the breakup depends on the specific situation.

If there is no agreement between you on the issue of compensation after the breakup, then the rights and obligations of both the man and the woman should be respected, and there is no need for special compensation for the financial problems after the breakup. Of course, if there is a pre-agreed breakup compensation between the parties, such as borrowing, division of property, etc., these agreements should be fully respected and fulfilled. If there is no such agreement, it needs to be resolved through negotiation.

In this case, if the man believes that he needs to compensate the woman, he can negotiate and reach an agreement on a case-by-case basis, rather than simply giving the woman a sum of money or property, which will cause unnecessary misunderstanding and harm to the woman.

Without a marriage certificate, the man proposed to separate and how much money should be compensated to the woman.

Hello, dear. We're happy to answer your <>

According to the law, after the legal marriage relationship has been established, the division of the matrimonial property needs to be considered in the divorce. However, for couples who are not married, the breakup is not considered a divorce, so there is no question of the division of marital property. If you mean the question of a boyfriend and girlfriend relationship breakup, then whether you need compensation after the breakup depends on the specific situation.

If there is no agreement between you on the issue of compensation after the breakup, then the rights and obligations of both the man and the woman should be respected, and there is no need for special compensation for the financial problems after the breakup. Of course, if there is a pre-agreed breakup compensation between the parties, such as borrowing filial piety, property division, etc., these agreements should be fully respected and fulfilled. If there is no such agreement, it needs to be resolved through negotiation.

In this case, if the man believes that he needs to compensate the woman, he can negotiate and reach an agreement on a case-by-case basis, rather than simply giving the woman a sum of money or property, which will cause unnecessary misunderstanding and harm to the woman.

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