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I didn't know that the woman was mentally ill before I got married, and I was unlucky enough, and I couldn't marry if I was mentally ill. After the divorce, the woman should properly compensate the bride price, but the woman's mentally ill family will not be very rich, and the bride price has already been used, so it is better to compensate, and it is better to compensate if there is no money.
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If the woman does not know that she is mentally ill before the marriage, should the woman compensate the man for the bride price after the divorce? This problem is because the girlfriend is insane, so the state stipulates that the bride price should not be compensated, because he has a nervous disorder, so the law does not support the payment of the bride price, so there is no need to pay compensation.
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If you don't know that the woman is mentally ill before the marriage, should the woman return the bride price after the divorce? Because the woman also bought the medical condition before marriage, she should return some of the bride price money when she divorces.
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If one of the parties deliberately concealed a genetic history such as mental illness before marriage, it is indeed possible to claim a certain amount of compensation at the time of divorce.
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The woman should compensate the man for the bride price, because neither party should hide the truth of the facts before marriage.
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I don't know that the woman is mentally ill before the marriage, if I know it during the marriage, I can withdraw it, the woman has nothing to say, if I only know it after the divorce, I can not withdraw it, because the marriage is divorced, the two parties have no relationship, and the woman can not retreat.
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In this case, the other party can be sued for deliberately concealing medical history, and the court should order the woman to give the man corresponding compensation, at least the bride price.
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After all, they are married, and the bride price cannot be refunded.
However, considering that the woman concealed her mental illness before marriage, the husband can be compensated a little.
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Because the marriage knows too little about the woman, it is also their own mistake to not grasp the true situation of the woman, and now they are married and the woman does not return the bride price after the divorce, because the bride price is voluntary and the woman should not return, and the woman has given her innocence.
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Are you sure that the woman was mentally ill before marriage and you didn't know it, or did you know that you had a seizure after marriage, or you let others become mentally ill after marriage, everything must have evidence rather than your words, and if you want to get rid of it, you want to divorce the woman and want to return the bride price and compensation, which may not be possible.
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The bride price can only be refunded in the following cases.
1. Failure to obtain a marriage certificate.
2. Not living together.
3. The payment of the bride price causes difficulties to the man's family.
This does not say that the other party conceals the situation of the disease, and at the same time, our country encourages premarital examinations, which were mandatory in the past, but are now voluntary.
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If you don't know that the woman is mentally ill before marriage, whether the woman will compensate for the bride price in the south after the divorce is based on the actual situation.
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I've seen this example on TV, where the court grants a divorce, but I don't know if it's going to pay for it, so it's better to consult a better lawyer.
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No compensation will be given. The woman's mental illness does not fall within the scope of compensation under the law, but if it is caused by the fault of the other party, she can apply for compensation.
If one party suffers from mental illness during the period of living together and cannot be cured for a long time, and the other party insists on requesting a divorce, the court may grant the divorce in accordance with the law if mediation fails.
Article 1091 of the Civil Code: In any of the following circumstances, where a divorce is caused, the innocent party 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.
Can a woman be mentally ill and a man divorced.
Yes, but if one of the spouses is mentally ill and the other party requests a divorce, the divorce can only be carried out through litigation. One party shall file a divorce lawsuit with the people's court of the other party's place of household registration or permanent residence. A lawsuit for divorce shall provide materials such as the complaint, the plaintiff's ID card, the defendant's identity information, and the marriage certificate.
Article 1079 of the Civil Code: Where 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 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.
Can the woman be mentally ill and the man file for divorce.
If the husband can divorce, but one of the spouses suffers from mental illness during the period of living together and cannot be cured for a long time, it is deemed that the relationship between the husband and wife has indeed broken down. If one party insists on requesting a divorce, and mediation fails, a judgment may grant the divorce in accordance with the law. However, if it is a mental illness that should not be married, the marriage should be directly deemed invalid.
Article 1079 of the Civil Code: Where 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 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.
Legal basis:
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Legal analysis: If one party suffers from mental illness, the court will generally not easily find that the other party concealed the illness and not only did not pay financial compensation, but may require the other party to give one-time financial assistance to the mentally ill.
The law is based on the basis of the law:
Article 1091 of the Civil Code of the People's Republic of China Where any of the following circumstances leads to divorce, the innocent party has the right to claim damages:
a) bigamy; 2) cohabitation with another person;
3) Committing such domestic violence;
4) Abuse or abandonment of suspected family members;
5) There are other major faults.
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If one party suffers from mental illness, the court will not easily find that the other party has concealed the illness and not only has not received financial compensation, but may require the other party to give the mentally ill person a one-time financial help.
1. How to deal with marriage by concealing illness.
How to deal with the marriage of the lead banquet by concealing the illness:
1. If a person conceals that he or she suffers from a disease that is medically considered unsuitable for marriage as prescribed by law, and does not ** after marriage, and it is an invalid marriage, he shall apply to the court for confirmation of the nullity of the marriage;
2. If the concealed illness is not a disease that is medically considered unsuitable for marriage as prescribed by law, and is not an invalid marriage, the marriage relationship can be dissolved through divorce;
3. If the party who conceals the illness has a good relationship with the other party, but only concealing the illness hurts the feelings of the other party, it is only a moral issue and cannot be raised to the level of law. Both parties can communicate openly, open their hearts, say the reason and purpose of concealing the illness, continue to live together after gaining the understanding of the other party, and face problems together when there are problems.
3. Can a woman with cancer and a man divorce?
The law does not prohibit a party from divorcing during illness. Therefore, if it can be determined that the relationship is broken down and there is no reconciliation to be separated, a divorce can be awarded. If one party is sick, has no regular income, and has difficulty in living, the other party should help him with his or her property.
In practice, if the life and problems of the sick party cannot be properly handled, the court will not easily grant a divorce.
Article 1091 of the Civil Code of the People's Republic of China Where any of the following circumstances leads to divorce, the innocent party 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: If one party suffers from mental illness, the court will generally not easily find that the other party concealed the illness and not only did not pay financial compensation, but may require the other party to give one-time financial assistance to the mentally ill.
Legal basis: Article 1091 of the Civil Code of the People's Republic of China In any of the following circumstances, if a divorce is caused, the innocent party 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 bases or faults.
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The woman concealed her mental illness and divorced to get the bride price back. According to the relevant laws and regulations of our country, if there is evidence that can prove that the woman's mental illness is not suitable for marriage, and the court is requested to make a judgment to annul the marriage, and the marriage is invalid from the beginning, the woman may be required to return the bride price.
1. How to deal with the phenomenon of deceived marriage.
Here's how to deal with a defrauded marriage
1. If the other party does not agree to the divorce after the marriage, the marriage can only be dissolved through litigation divorce. Marriage by fraud is not a legal ground for annulment, nor is it a legal ground for annulment, and it is not possible to sue for annulment or annulment.
2. Request for the return of the bride price If the woman cheats the marriage, if the conditions are met, the man can request the return of the bride price when suing for divorce. The main reason is that the two parties have gone through the marriage formalities and have not lived together; The payment of property before marriage causes hardship to the payor. If the marriage has not yet been registered, the husband can directly request the return of the property.
Second, the garter belt and the woman first filed for divorce and asked for a dowry. Can the man ask for the gift money back?
The circumstances in which the man can ask for the bride price back are:
1) The man and the woman have not gone through the marriage registration formalities;
2) If a man and a woman go through the marriage registration formalities but do not live together, they may request the return of the bride price in the divorce proceedings;
3) If the payment is made before marriage and causes the payer to have difficulties in life, the bride price may also be returned in the divorce proceedings. Liquid reed.
If the bride price is paid before marriage, it belongs to the woman's personal property and is not divided in the divorce. If the bride price and dowry paid before marriage are regarded as gifts to the woman and belong to the woman's personal property, the woman can ask for it back when divorced, and if it is the bride price and dowry paid after receiving the marriage certificate, if there is no special agreement, it belongs to the joint property of the husband and wife, and the two parties agree to deal with it at the time of divorce, and the court judgment if the agreement is not reached.
3. How to deal with the marriage bride price for divorce according to the law?
In the case of divorce in the law, the marriage bride price is generally non-refundable and belongs to the woman, but in the following circumstances, the man may request the woman to return the bride price, and the specific situation is that the two parties have gone through the marriage registration formalities but have not lived together, and the man can ask for the bride price back; In the case of pre-marital payments that cause hardship to the payor, and in order to solve the man's hardship after the divorce, the man may also ask for the bride price paid to the woman before.
Article 1076 of the Civil Code of the People's Republic of China.
Where the 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 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.
From a legal point of view, it is suggested that: first, the legal person of the woman is selected first, so that there is a qualified legal subject, and the standard parties exercise their rights and obligations, and second, the legal person or the entrusted person shall negotiate with the man reasonably and legally to solve the problem of division of common property.
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