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Let's break up. What are you doing with this kind of?
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Wow! You're married, and all the property belongs to both parties, and she has half of it!
It's all now, do you still want the bride price back? Impossible! Don't even think about it! It's not an engagement!
If the divorce is to pass the law, all your property will be half of each person! The bride price is not coming back!
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No, you can divorce because of an extramarital affair and give you the entire property, is that the same?
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In a de facto marriage, if the legal requirements are met, the other party may be required to return the bride price. Article 5 of the Supreme People's Court's Interpretation on the Application of the Civil Code of the People's Republic of China on Marriage and Family stipulates that if a party requests the return of the bride price paid in accordance with custom, the people's court shall support it: (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) The premarital bridge is troubled and the payment is difficult.
Paragraph 1 of the preceding paragraph applies.
The provisions of 2.3 are conditional on the divorce of both parties.
Articles 7 and 5 of the Supreme People's Court's Interpretation on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China.
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Of course, it needs to be refunded, and now there is no de facto marriage for a long time, as long as the marriage certificate is not obtained, then it is not a husband and wife, and the bride price needs to be returned.
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In 2016, the dowry of a de facto marriage could not be refunded, and the joint property of the husband and wife could only be divided.
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Is there a question of whether the bride price can be refunded in 2016? It can't be refunded because it's a bride price that you gave voluntarily. If it is not stipulated by the state, then the 2016 April Fourth marriage bride price can be refunded?
It can't be returned, because it is your voluntary split sedan chair to give people the imitation of the bride price, not stipulated by the state, that is, your own ideas and what people mean that you can return the bride price for the 2016 April Fourth marriage bride price? It cannot be returned, because it is a bride price that you voluntarily give to you, not stipulated by the state, that is, your own ideas and other people's intentions are your joint consultation and consultation.
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The 2016 de facto marriage bride price can be refunded, so that the two of you can better accept the peaceful breakup, so that you can find your own wishful life partner as soon as possible.
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That depends on how long your marriage lasts, if Tong Feng just got married, it can be refunded. If you got married in 2016, then it has been many years now, and you can no longer ask for a refund of the bride price.
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If both parties to the de facto marriage have obtained the certificate, then the bride price cannot be refunded, and Shenchen wants to only call the two families to discuss together.
If you don't get a license and just hold a banquet, it is not a real marriage, and it is not protected by law.
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In fact, whether the bride price of the marriage should be returned, if the certificate is really handled and the other Sakura-dong certificates, then if the orange peel is separated, it does not need to be returned, if it is said that only a part of it needs to be returned, this should be selected according to the actual situation! Ridge withering.
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As long as it is a bride price, if two people have not been together for a long time and the other party has not given you children, then the bride price needs to be returned.
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If you have been married for more than a year, then the gift money cannot be refunded, and if you are not married, the bride price will be refunded in full, so it depends on how long you have been married.
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Whether this bride price can be returned with Zheng depends on the result of the negotiation between the two people. After all, if it is a de facto marriage, then you are taking the initiative to give it to the other party, and if the other party does not return it, then you can't force it.
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If the bride price has been notarized at the time of remarriage registration, it belongs to one party, and there is no way to return it after the divorce.
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The de facto marriage bride price is rarely returned, and in order to divorce faster, both parties will negotiate it, and under normal circumstances, there is a little bit of affection
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I don't think it's possible, after all, it's been so many years. Besides, you are married, and all the bride price money should be spent. I feel that the bride price money is only possible if Fan Wubei breaks up before he gets married.
Once you get married, it's not good to ask for it. Not to mention that after so many years, Orange Heng.
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At present, the law does not recognize de facto marriages, and without a license, there is no marriage. If there is no marriage, the bride price must be returned.
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This kind of matter can only be resolved through negotiation between the two parties, and if the negotiation cannot reach an agreement, it can also be considered to sue the court through legal procedures, and the court will make a judgment according to the seriousness of the situation according to the law.
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It has been five or six years since the 40th marriage bride price in Linyi, so it has been a long time at this time, and the bride price should not be returned.
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There is no registration. The bride price should be refunded.
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It's already a de facto marriage.,Is it necessary to worry about this bride price?,Two people have lived together in this faction for many years.,There's no emotion at all.,How about the friends of the world to leave a thought for each other.,Don't be too ruthless in doing things.。
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It's been five years, it's been five years, why do you want to retreat? What are you going to retreat?
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Legal analysis: If the two parties have completed the marriage ceremony but have not registered the marriage, and a de facto marriage relationship is formed, the man may request a refund of the bride price after the illegal cohabitation relationship is dissolved.
Legal basis: "Hu Huijian Supreme People's Court's Interpretation of Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (Second Repentance)" Article 10: 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.
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Legal analysis: The circumstances under which the wedding bride price can be refunded are as follows: 1. The man and woman have not gone through the marriage registration formalities; 2. The party who pays the bride price has difficulties in his or her life due to the pre-marital payment; 3. Although the man and woman have gone through the marriage registration formalities, they do not live together.
Legal basis: Civil Code of the People's Republic of China
Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.
Article 1047:The age of marriage shall not be earlier than 22 years for men and 20 years old for women.
Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.
Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. If it complies with the provisions of this regulation, it 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.
Article 1050:After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.
Article 1051 Marriage shall be null and void under any of the following circumstances:
a) bigamy; 2) Have a pro-reply affiliation that prohibits marriage;
3) They have not reached the legal age for marriage.
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The circumstances under which the wedding bride price can be refunded are as follows:
1. Both the man and the woman have not gone through the marriage registration procedures;
2. The party who pays the bride price is paid before marriage and causes difficulties in his or her life;
3. Although the man and woman have gone through the marriage registration formalities, they do not live together.
[Legal basis].
Article 188 of the Civil Code of the People's Republic of China.
The statute of limitations for filing a request to a people's court for the protection of civil rights is three years. Where the law provides otherwise, follow those provisions.
The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. If the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.
Article 5 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family.
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.
The bride price should not come back.
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the "Marriage Law of the People's Republic of China" (2) Article 10: 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: >>>More
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