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1. The woman and your brother have not registered their marriage, and the law does not protect them.
2. If your family has given the woman's family a bride price, you can ask for it to be returned.
3. The third is advice, don't get angry, let alone interfere with the woman's marriage, this is the right of others, otherwise you may be suspected of violating the law, take good care of your brother, the woman's intelligence is also problematic, and moral condemnation is not necessary.
According to the provisions of the second judicial interpretation of the "Marriage Law", if the marriage is not registered, and the lawsuit is brought to the court, it should be accepted, and I think it should also be returned.
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Have your brother and your brother-in-law gone to the local civil affairs bureau to register their marriage?
If so, a lawsuit can be filed. Sue bigamy in the name of your brother.
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Because there is no marriage formalities, that is, there is no marriage, and there is no problem for the other party to get married again.
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The dowry can be returned, but there is no right to fight for.
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Hello, the bride price should be returned.
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There are no marriage formalities and no children after marriage.
What can not be done without legal protection!
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This kind of thing is so infuriating! Ask a lawyer to take a look!
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1. According to China's laws, if one of the men and a woman requests a divorce and the other party does not agree, the relevant departments may mediate or directly file a divorce lawsuit with the people's court. 2. When the people's court of our country hears a case where one party does not agree to divorce, it shall first conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce should be granted. 3. In any of the following circumstances, if the mediation fails, the divorce shall be granted:
1) bigamy or cohabitation with another person who has a spouse; (2) committing domestic violence or abusing or abandoning family members; (3) Those who have bad habits such as gambling and drug abuse that they have repeatedly refused; (4) Separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
Article 1079 of the Civil Code provides that if one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted. In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
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If the woman is not divorced and is with someone else, the husband has the right to claim damages when filing for divorce.
1. What should I do if my husband and the mistress have a child?
According to the relevant laws of our country, if the husband and the mistress have a child, the wife can use this as the basis for the breakdown of the relationship between the husband and wife, and file a lawsuit for divorce with the people's court, and after the people's court's mediation fails, the two will be sentenced to divorce according to the actual situation, and the woman can request the man to compensate for damages.
2. What should I do if I don't pay living expenses before I get divorced.
If you haven't divorced, you won't be given living expenses as follows:
1. If both parties have agreed through negotiation to make the property owned by individuals and no longer jointly owned, the property will not interfere with each other;
2. If not, you can sue directly, and the court will negotiate or make a judgment.
1. Whether a lawsuit can be filed for non-payment of living expenses during marriage depends on the circumstances
1. You can sue if you don't pay living expenses during marriage. Husbands and wives have the obligation to support each other;
2. The party in need of support has the right to demand the payment of maintenance when the other party fails to perform the maintenance obligation and does not pay the maintenance fee. The statute of limitations does not apply to the request for maintenance by the party in need of maintenance, and the lawsuit cannot be sued.
2. The process of litigation divorce is as follows:
1. Filing a lawsuit;
2. After the case is filed, the case filing tribunal will issue a notice of case filing, pay the litigation fee based on the case filing notice, and the court will formally accept the case;
3. The trial shall be conducted by the civil court;
4. After accepting the case, issue a summons to the other party;
5. Mediation by the court;
6. The court makes a judgment to grant or disapprove the divorce through the ** trial.
In short, the help of both husband and wife is both a responsibility and an obligation, and the living expenses are not only paid by the man to the woman, but also the woman is obliged to support the man when he is in difficulty.
3. Is it considered a fraudulent marriage for the man to conceal that he is married to the woman?
China's criminal law stipulates that, under normal circumstances, if the man conceals the fact that he is married to the woman in order to defraud the woman of key property, then the man's concealment will not constitute a fraudulent marriage. However, this act violates the criminal law and constitutes the crime of bigamy. The offence of bigamy usually refers to the act of marrying another person while having a spouse, or marrying another person knowing that he or she has a spouse.
Suspects who commit bigamy can be sentenced by the court to up to two years in prison or criminal detention.
Article 1091 of the Civil Code of the People's Republic of China has any of the following circumstances, and if 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.
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Legal Analysis: No. If you haven't divorced, you can't marry again, and if you do it, it will become bigamy.
Legal basis: "Criminal Law of the People's Republic of China" Article 258: The crime of bigamy refers to the act of marrying another person while having a spouse or marrying another person knowing that he or she has a spouse. The so-called spouse refers to a person who has a wife and a woman has a husband, and the relationship between husband and wife is still existing without legal procedures. If the relationship has been dissolved, or if the relationship has disappeared naturally due to the death of one of the spouses, i.e. it is no longer a person who has a spouse.
It depends on the attitude of the two people, if the woman insists on divorce, and the man does not want to divorce, then he must show a sincere attitude to keep the other party, he can admit his mistakes, he can obtain the other party's understanding, and he should apologize sincerely, so I think that whether it is for the child or the elderly, there should be a satisfactory explanation, it should be salvageable, first of all, there must be sincerity, there must be sincerity, there must be sincerity.
Don't forget it, find another one.
After the divorce, the child's mother does not give child support, which can be sued, but after all, the husband and wife are the same, and they are also the child's biological mother, so they can negotiate if they can, and mediate if they can, so don't embarrass the child in the middle in the future. >>>More
This property is the joint property of your husband and wife. >>>More
The woman files for divorce and the man does not agree to this situation, I think it is best to solve it through litigation, after all, if you do not agree, you can only do it through a lawsuit.