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The procedure is either to go through the agreement or not to go through the law, the agreement is easy to do, go to the Civil Affairs Bureau and bring your marriage certificate to change the divorce certificate, go to the law, then you must first sue for divorce, the court will mediate with you, and if the mediation fails, it will give you a trial, and the bride price at the time of marriage will not be refunded after two years, but the joint property of the husband and wife will be divided.
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Of course you don't need to, it's your love to give a bride price for marriage, as long as the two of you discuss the divorce, and the children's property is clear, it's best to write something, and after notarization, take the household registration book, marriage certificate, and ID card to the Civil Affairs Bureau to change the book.
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When you get a divorce, you and she need to go to the Civil Affairs Bureau where you got the marriage certificate and ID card to handle the divorce, and the bride price does not need to be returned.
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You are both married, the bride price cannot be refunded, and you can go directly to the Civil Affairs Bureau to register the divorce after you reach an agreement.
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Just take your marriage certificate and go to the Civil Affairs Bureau. The bride price at the wedding party is not refundable.
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Go to the court to sue for divorce, first instance, second instance. The wedding bride price generally does not need to be refunded.
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After two years of marriage, what kind of bride price will be returned, and they all have common property to divide. As long as the two agree that it is best to leave, bring the household registration book and marriage certificate.
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There is no need to return it, isn't it all used to buy things for his family?
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Divorce is now very simple and fast, if there is no property and child support problems, bring the marriage certificate, ID card, divorce agreement, and go to the Civil Affairs Bureau.
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You can get a divorce certificate and you don't need to return it.
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What to withdraw, they have been married for two years, and they don't have to retire anymore, and it has become the joint property of husband and wife.
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The bride price does not need to be returned.
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You don't have to pay back the bride price, right? It's been two years.
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I have been with my boyfriend for a year, and I have reached the point of talking about marriage, but after getting married, I can only live with his parents, because there is no other resettlement house in his family.
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I think it's beautiful, and I want to return the bride price. If people have slept with you for two years, do they have to settle the room fee with you?
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Summary. Where both husband and wife request a divorce, they shall negotiate on their own to handle property issues. If the bride price is paid by the woman's family to the man's family at the time of marriage, the husband should not claim the return of the bride price at the time of divorce, because the bride price is already considered pre-marital property and belongs to the woman.
After more than a year of marriage, I just got a marriage certificate, do I need to return the bride price for divorce?
You're good luck! According to the Marriage Law of the People's Republic of China, the bride price refers to the property or other property items paid by the man to the woman's family. If the divorce is caused by the agreement of both parties or because the other party has a major fault, the bride price shall be returned in accordance with the relevant provisions of the Civil Code; If the divorce is due to one's own reasons (e.g. initiating a divorce), there is no need to return the bride price.
Where both husband and wife request a divorce, they shall negotiate on their own to handle the issue of the source of property. If the bride price is paid by the woman's family to the man's family at the time of marriage, then the husband should not ask for a return of the bride price at the time of divorce, because the bride price is already considered to be the pre-marital property and belongs to the woman.
We have been married for more than a year, and we have not obtained a license, and we only got a license at the end of last month.
I don't want to spend time with him now.
My two personalities are not suitable.
So I would like to ask, if I sue him, do I need to return the bride price for divorce.
Dear, the main thing is that now you have negotiated?
He agreed to the divorce, but I wanted to know if I needed to return the bride price if he asked me for it.
Because the bride price is already considered pre-marital property, it belongs to the woman.
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Summary. Hello, I have just received a marriage certificate after more than a year of marriage, do I need to return the bride price for divorce Generally, it cannot be refunded, unless it can be proved that the parties are not living together.
Hello Married for more than a year, just bow tie slippery shed marriage certificate divorce need Xinxiang to return the bride price Generally, it cannot be refunded, unless it can be proved that the two parties do not live together can return the bride price.
Legal basis: Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China (1) Article 5: Where a party requests the return of the bride price paid in accordance with the custom, if it is ascertained that the following circumstances apply, the Zhijizai People's Court shall support it: (1) the parties have not completed the marriage registration; (2) The parties have gone through the 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 determination of the return of the bride price is as follows: 1. After the bride price is paid, if the two parties have not registered their marriage, and the party who paid the bride price requests the return of the bride price, the other party shall return it. The bride price paid by the husband to the woman before marriage is in the form of a general gift, which is essentially a conditional gift of property for the purpose of consuming a marriage in the future.
Since the parties have not registered their marriage, the parties are not legally married, and the basic relationship in which the gift occurs does not exist, and the donee has the obligation to return the gift. Therefore, if the parties have not registered their marriage, if the party who paid the bride price requests the return of the bride price, the other party shall return it. 2. After the bride price is paid, if the two parties have registered their marriage but do not live together, under the premise of divorce, if the party who paid the bride price requests the return of the bride price, the other party shall return it.
The key to this situation is whether it is found that "there is no living together". This cohabitation should be the life of a normal couple living together. 3. After the bride price is paid, if the two parties divorce after the marriage registration has been completed, if the payment of the bride price causes the payer to have difficulty in making a living, and the party who paid the bride price requests the return of the bride price, the other party shall return it.
Giving the weak the protection they deserve has always been one of the goals pursued by the law.
Hello, are you a man or a woman?
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Divorce after one year of marriage does not necessarily result in a refund of the bride price. The bride price will only be refunded if one of the following conditions is met. If a party requests the return of the bride price paid in accordance with custom, and it is ascertained that it falls under one of the following circumstances, the people's court will support the request for refund:
1. The two parties have not yet gone through the marriage registration formalities;2. The two parties have gone through the marriage registration formalities but do not live together;3. The payment is made before marriage and causes the payor to have difficulties in life.
[Legal basis].
Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1) Article 5 Where a party requests the return of the bride price paid in accordance with custom, if it is ascertained that it falls under the following circumstances, the people's court shall support it: 1. The parties have not gone through the marriage registration formalities;2. The two parties have gone through the marriage registration formalities but do not live together;3. The pre-marital payment is not counted, resulting in difficulties in the payor's life.
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Legal analysis: Whether to return the bride price in a divorce with a marriage certificate depends on whether the conditions for returning the bride price are met, and the following conditions can be requested:
First, the two parties have not gone through the marriage registration formalities;
The second is that the two parties have gone through the marriage registration formalities but do not live together;
The third is the pre-marital payment that causes hardship to the payor.
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 voluntarily divorce their grandchildren and their 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 divorce proceedings, the divorce shall be granted.
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 reasonable demands to either parent Kaifeng in excess of the amount originally set 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.
The property acquired during the existence of the marital relationship shall belong to the joint property of the husband and wife, and both parties shall have equal rights to jointly dispose of the joint property. >>>More
After all, you have been married for five years, if conditions permit, you can consider giving each other a little financial compensation. China's marriage law stipulates that if a husband and wife divorce, the property should also be half of the other party's. I hope you can resolve it peacefully.
If a husband and wife have been separated for two years, will they automatically divorce and dissolve their marriage? How long does it take for a separation to be "automatically divorced"?
Usually, a couple can file for divorce after two years of separation, but there is more than that. As long as the relationship between the husband and wife has indeed broken down, the divorce shall be granted. >>>More
It is recommended that you do a comprehensive examination first, find out clearly**, and then treat the symptoms**, and do not go to an informal medical institution**. Best wishes!