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Personally, I think that except for those who cheat on marriage, they should not be returned.
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It doesn't matter if you return the bride price or not, not to mention that the woman also paid more than 100,000 yuan when she got married......Why do you care about that.........
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Some rural bride price thieves are high, there is no dowry, and they are still in debt, they do not respect their in-laws after marriage, they don't care about their families, and they naturally want to get the bride price back after leaving in less than two years.
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Don't give a bride price, don't worry that she won't return, the man gives the bride price and the woman wears a wedding dress, the man buys a car, and the woman decorates, all pay equally.
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Ask the court, the new marriage law clearly stipulates which circumstances should be refunded and which should not be refunded.
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No matter what the reason, except for the other consideration of having children, everything else has to be withdrawn, because the marriage is the cooperation of both parties, of course, the contract can be terminated, because you have no reason to ask for a bride price before marriage, of course, the divorce has to be refunded, because there is no way to cooperate that is to withdraw from the cooperation,
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I don't think I should accept a bride price, live a good life after marriage, and treat the elderly on both sides equally and filially.
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If the woman does not fulfill her marital obligations, she will file for divorce first. The bride price must be returned unconditionally. Because it is a fraudulent marriage. In order to get rich by getting married.
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Just got married, should you retire or most of them, and how to withdraw after being married for a long time.
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If there is no fraudulent marriage, the bride price does not need to be refunded.
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Let's see why the bride price money! For example, I got married for less than half a year, the man gambled and owed money, and finally he filed for divorce, and saw clearly that the man was divorced, so he did not return, if I filed for divorce at the beginning, the original amount of the bride price was returned. If you don't know your situation and you don't know what to do, it is recommended to consult a lawyer and listen to the lawyer's advice.
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Men who ask such questions should also express their attitude before marriage. Let the girl really know you, otherwise you are **.
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Look at the length of the marriage. Do you still want the woman to return the bride price after 20 years of marriage and divorce, the law stipulates that if you divorce within two years of marriage, you can ask for the bride price, but if the woman can prove that the bride price money is used to live together as husband and wife, there is no need to return the bride price. 70% refund within three months of marriage, 50% refund from three months to one year of marriage, and 30% refund from one year to two years of marriage.
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How to say this, according to normal speaking, there is no mother's family to leave the gift, or the ceremony is a traditional custom to give the couple a better life after marriage, only those who are not good will stay, think about the mother's family to keep the gift for their own use, how do you let your children honor your old man in the future, in saying that if the mother's family left the gift, it is the woman who filed for divorce, and must withdraw the gift, if the man files for divorce, no matter what the woman's wishes, it seems that it will not be returned.
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Looking at the reason for divorce, if it is a divorce due to the woman's initiative soon after marriage, I personally feel that it should be refunded, otherwise it is too easy to cheat the bride price.
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I think there is a reason for this question, if there is domestic violence or the man doesn't give you a good face at all, I don't think you need to return it. This is the case in my neighborhood, where I got divorced within two months of getting married. If there is no reason between the man and the woman, or the relationship is not harmonious, I think it can still be negotiated, as for whether the refund is refunded or not, it depends on whether the woman is a reasonable person.
If it is the woman's reason, it stands to reason that it should be returned, because after all, the man's marriage is carried out by smashing the pot and selling iron.
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I think you have to look at the time, if the time is longer, there is no need for legs, because your own life is almost spent, if the time is relatively short, you personally don't want to have anything to do with the man, it is recommended to go back. But it also depends on your specific emotional situation.,If the original purpose is not pure.,Then the girl makes it to protect herself.,It's not recommended to retreat.。
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If the man asks for a divorce, there is no reason to ask the woman to return the bride price, because the girl is voluntarily married into the door by your family, and the marriage time is relatively short and the divorce is requested, it is not the woman's problem, it is the man's problem, so the girl can not return the man's bride price! If the divorce is proposed by the woman, and the man is asked to divorce after marrying into the man's house for a short time, this situation is still a bit of a suspicion of cheating marriage, and the suggestion is to come back.
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In this divorce, the division of property can go directly through the legal process. There is no need for both sides to tear their faces to argue. Husband and wife, there is no need to do it, everyone is unhappy. If you don't have the fate to be a husband and wife, at least you can still get together and be friends.
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Legal analysis: If both parties are married and live together, and the payment of the bride price does not cause hardship, it is generally not necessary to return the bride price. There are three legal conditions under which the bride price can be returned:
1. Both parties have not received a marriage certificate; 2. Although both parties have obtained a marriage certificate, they do not live together; 3. One party has difficulties in life due to the payment of the bride price. If the auction meets the above three circumstances, it is possible to obtain the support of the court when claiming the return of the bride price.
Legal basis: Civil Code of the People's Republic of China
Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.
Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in 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 bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
Where one party is declared missing and the other party initiates a divorce lawsuit, the relatives shall grant the divorce.
Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.
Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable request to either parent for more than the amount originally set forth in the agreement or judgment when necessary.
Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
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100,000 yuan was given before marriage, and the woman filed for divorce one year after marriage, as long as the man asked in the reply, the court would generally rule that the bride price should be refunded, but not in full, but at the discretion of the woman.
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 to fall 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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Hello, there are three situations that need to be refunded, one is that the marriage registration has not been completed, that is, the marriage certificate has not been obtained. The second is that although the marriage permit has been handled, the two parties have not actually lived together, for example, after receiving the certificate, the two parties have lived together for less than a month or a few days before the woman left and never came back. The third is that the man pays the bride price before marriage, causing him to have difficulties in his life.
For example, the man's parents owe a large amount of debt, which cannot be repaid in the short term, resulting in a decline in the standard of living and not being able to meet the standards of ordinary people. Thank you.
Legal basis: 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
Article 10: Where parties request the return of the 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.
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The issue of bride price can only be resolved by your own negotiation. The bride price is a gift. Now that you're getting a divorce, the money can only be settled by your own coordination.
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In this case, it is difficult to get it back, after all, it is a bride price. The parties can negotiate.
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The law considers the bride price to be a marriage of sale. It is a remnant of feudalism. Not recognized. Giving money is an act of giving away oneself and cannot be returned.
Before the divorce, the woman said that all the property belonged to the man, and after that, the woman asked for a house again, should she give it? It should depend on the man's economic conditions, if the man's economic conditions are better and he is willing to give, it is okay to give it to the woman. If the man's financial conditions are not good, he can refuse.
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I don't think it's right to do this, well, if you really don't want to get a divorce, then you should go the normal way instead of threatening death.
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The woman sues for divorce for the first time, and the man does not agree, and the court will rule that the court will not leave the divorce for the first time, and the fastest way is to withdraw the lawsuit immediately after the lawsuit, and re-sue after six months.