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1. You must provide evidence to prove how much the bride price the woman received from you, including cash and kind;
2. If you do not receive the marriage certificate, the bride price received by the woman will be returned to you 100%;
3. If you and the woman have received a marriage certificate, but the marriage time is not long, or the life together after marriage is very short, the bride price can also be returned, because the original intention of the legislation is to live together for a period of time, to reflect the rights and obligations between the husband and wife, this relationship cannot be reflected in a short period of time, and living together refers to the common life after receiving the marriage certificate;
4. If the payment of the bride price causes you to live in difficulty, for example, if you borrow money to get married, you have debts that can provide proof of debt, or the village committee and the civil affairs department can help you issue a certificate of hardship, and you belong to a difficult household, then the woman must also return the bride price;
5. It also depends on the reasons for the breakdown of the relationship, whose fault is it, and why did you break up?
6. If you are not satisfied with the judgment, you can only appeal within a certain period of time, and you can appeal after the appeal period.
7. After the judgment comes out, if the judgment is made against the woman to return the bride price to you, and the woman does not enforce it when it expires, you can apply to the court for enforcement.
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Hello. Judicial Interpretation II of China's Marriage Law stipulates:
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) 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.
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Lawyer's suggestion: According to the law, the bride price should be refunded in such cases.
Whether you win the lawsuit depends on whether you have legally recognized evidence and how to use it.
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Lawyer analysis
1. The question of whether a lawyer is required for a dispute over the recovery of the bride price shall be weighed by the parties themselves.
2. Nowadays, only some special circumstances stipulated in the Criminal Law require the defendant to have a lawyer.
3. In the process of handling civil disputes, whether to hire a lawyer depends entirely on the parties themselves according to the facts of the case and whether they can accept the lawyer's fees.
4. If the bride price involves a large amount, it is recommended that it is best to consult first and then decide whether it is necessary to hire a lawyer.
Legal basis
Article 3 of the Measures for the Administration of Lawyers' Service Fees.
Fees for lawyers' services follow the principles of openness and fairness, voluntary compensation, and good faith.
Law firms shall facilitate and benefit the people, strengthen internal management, reduce the cost of services, and provide clients with convenient and high-quality legal services.
Article 4. Lawyers' service fees are subject to the first guide price and the market adjustment price.
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There are four steps to sue for the return of the bride price: 1. Prepare the complaint. 2. Go to the competent court to file a lawsuit and submit evidence.
3. Participate in litigation activities on time. 4. If the judgment or ruling is not satisfied, it can be appealed within 15 or 10 days. A lawyer may be hired.
A bride price lawsuit can hire a lawyer, and there are four procedures for suing for the return of the bride price:
1. Prepare civil pleadings.
2. Go to the people's court with jurisdiction to file a lawsuit and submit relevant evidence.
3. Attend and participate in litigation activities on time in accordance with the notice of the people's court.
4. If you are not satisfied with the judgment or ruling of the first court, you should appeal to the original people's court or the people's court at the next higher level within 15 days after receiving the judgment or within 10 days after receiving the ruling, and submit an appeal petition. Article 123 of the Civil Procedure Law.
A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.
Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.
Article 18 of the Civil Procedure Law.
Basic level people's courts have jurisdiction over first-instance civil cases, except as otherwise provided by this Law.
Article 19 of the Civil Litigation Law.
The Intermediate People's Court has jurisdiction over the following first-instance civil cases:
1) Major foreign-related cases;
2) Cases that have a major impact in the jurisdiction;
3) Cases over which the Supreme People's Court determines that the Intermediate People's Court has jurisdiction.
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Legal analysis: Find a lawyer to ask for about how much the bride price is, which can be negotiated between the client and the lawyer, and the general lawyer's fee is related to the difficulty of the case, the reputation of the lawyer and other factors, and needs to be determined in combination with the specific situation.
Legal basis: Article 9 of the "Measures for the Administration of Lawyers' Fees" The lawyer's service fees that are regulated by the municipal bumper arena are to be determined through consultation between the law firm and the client.
The following main factors shall be considered when a law firm negotiates a lawyer's service fee with a client:
a) Hours expended;
2) the degree of difficulty of the legal matter;
3) the client's ability to bear it;
4) the risks and responsibilities that lawyers may bear;
5) Lawyers' social credibility and work level, and so forth.
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The lawyer's fee for bride price disputes is not statutory, and the main factors to consider for the lawyer's fee are:
1. Working hours consumed;
2. The degree of difficulty of legal affairs;
3. The number of lawyers required to handle legal affairs and the professional ability of the lawyers;
4. The client's affordability and local social and economic development;
5. Risks and liabilities that lawyers may bear.
1. What is the fee standard for legal counsel in Beijing?
This should be decided on a case-by-case basis and through consultation between the two parties.
The factors that affect a lawyer's fees are:
1. Working hours consumed;
2. The degree of difficulty of legal affairs;
3. The number of lawyers required to handle legal affairs and the professional ability of the lawyers;
4. The client's affordability and local social and economic development;
5. Risks and liabilities that lawyers may bear.
6. The lawyer's social reputation and work level;
7. Other necessary costs and expenses required to handle the case.
2. Who shall bear the lawyer's fees for divorce litigation.
In accordance with the provisions of relevant laws. If a lawyer is hired in a divorce lawsuit, the lawyer's service fee should be borne by the party who hired the lawyer, rather than by the losing party.
Factors that affect the cost of a lawyer in a divorce case.
1. Working hours consumed;
2. The degree of difficulty of legal affairs;
3. The number of lawyers required to handle legal affairs and the professional ability of the lawyers;
4. The client's affordability and local social and economic development;
5. Risks and liabilities that lawyers may bear;
6. The lawyer's social reputation and work level;
7. Other necessary costs and expenses required to handle the case.
3. What are the factors to consider for criminal lawyers' fees?
1. Working hours consumed;
2. The degree of difficulty of legal affairs; Fighting.
3. The number of lawyers required to handle legal affairs and the professional ability of the lawyers;
4. The client's affordability and local social and economic development;
5. Risks and liabilities that lawyers may bear.
6. The lawyer's social reputation and work level;
7. Other necessary costs and expenses required to handle the case.
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The lawyer's fee is charged according to the specific case and the fees involved in the case, you should find a law firm and ask according to your situation**.
In addition, 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 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.
The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties. The stipulations of this condition indicate that the people's courts have officially made clear provisions on how to deal with bride price disputes in the form of judicial interpretations.
You can refer to the above situations below to see if you need to go through the legal process to resolve your bride price dispute.
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Hello, each lawyer charges a different fee, it is recommended to consult a specific lawyer.
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If you don't register, you don't need the third article, because the second and third articles are for divorce.
You're not married, what are you doing with the terms of divorce?
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If both parties have not gone through the marriage registration formalities, they can request a return, and no other conditions are required.
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 (hereinafter referred to as the "Interpretation (II)") stipulates that: "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 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.
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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The bride price can be returned
According to 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, 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.
The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties. ”
Therefore, if the parties have not registered their marriage and the woman runs away on the grounds of discord, the man can demand the return of the bride price, which is very likely.
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Of course. Recently, it was reported on the Internet that if you are not sincere, do not disturb the female guests, they regretted their marriage, and the woman returned the man's BMW and other bride price.
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