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Of course you have to pay it back, no matter whether the bride price money is spent together or not, even if you spend it together, you are happy, since you want to leave him, you have to pay it back, if you still want to endure it.
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The requirements for the return of the bride price are: 1. Both parties have not gone through the marriage registration formalities; 2. The parties have gone through the marriage registration formalities but have not lived together; 3. The payment is made before marriage and causes the payer to have difficulties in living; In the above three cases, the people's court requesting the return of the bride price shall support it.
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At that time, when you got married, you took it out voluntarily, and generally didn't return it, so if you agreed to divorce, you would discuss it yourself and see if you could give some.
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This is generally not possible, at least there is evidence, and it is the responsibility of the other party, otherwise it will be very difficult to do.
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No, after all, if you are married, you can divorce by agreement. Try to be together too,
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Yes, if it is not returned, it can be sued.
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It depends on your negotiation, the man files for divorce, usually if he doesn't come back, and the woman proposes that she can leave in advance by saying that she will return the money.
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The bride price for marriage is a pre-marital gift, and it is difficult to get it back according to the law. And if you're going to get divorced, why don't you make a good impression on each other? If the other party agrees to divorce, if it can be returned, it will be refunded.
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It's a man, and the personality is incompatible, depending on whether the man can't tolerate the woman's character or the woman can't tolerate the man's character, but this kind of thing should still be negotiated between the man and the woman!
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Unless you can make an agreement, it's going to be difficult.
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Consult a lawyer and resolve it through legal means, preferably as a couple and a young couple.
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This has to be discussed between the two families, right? Whoever is supposed to give it back to whomever it is, right?
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Legal Analysis: Refund can be made if the conditions are met. To solve the problem of how to return the bride price in divorce, it is first necessary to determine whether the property given by one party to the other party is a bride price.
If it is a gift, it has no right to request a refund; If it is bride price money, and the conditions prescribed by law are met, a refund of the bride price may be requested.
The statutory conditions for the return of the bride price in divorce are:
1. If the bride price is only for engagement, and both parties have not gone through the marriage registration procedures, the divorce bride price must be returned;
2. If both parties have gone through the marriage registration formalities but have not yet lived together, and one party requests a refund of the bride price, it must be returned;
3. If one party pays the bride price before marriage, and causes living difficulties, the other party shall return it, and the living difficulties must reach the level where it is impossible to maintain the minimum living standard in the locality. How to return the bride price at the time of divorce has a general practical significance, because the wedding bride price money belongs to the traditional customs of our country, most areas still retain the custom of giving a bride price for marriage, how to deal with the return of the divorce bride price can solve many problems, the most important thing is that the rural income is not high, most people when they get married, the bride price money given to the woman is as high as tens of thousands of yuan, and even the bride price money lent to the woman is even lent to the woman. Therefore, the law determines the statutory circumstances for the return of the divorce bride price based on the impact of the bride price on the marriage, which is in line with the principle of fairness.
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 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.
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The wedding bride price shall be returned under the following circumstances: 1. The parties have not obtained a license to get married; 2. The parties did not live together before the divorce; 3. After both parties receive the divorce certificate or the court adjudicates the divorce, the bride price paid before the marriage makes the payer's life difficult. In the latter two cases, both parties must divorce before they can claim restitution.
Legal basis: Article 5 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section (1) provides that 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) Premarital payments that cause hardship to the payor.
The provisions of items (2) and (3) of the preceding paragraph shall be applied to the divorce of both parties.
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Summary. Kiss! Hello, married for more than two years, there is a boy for six months, due to personality discord sued for divorce, the bride price does not need to be returned.
Married for more than two years, there is a boy for six months, due to personality discord and sued for divorce, does the bride price need to be returned.
Kiss! Hello, married for more than two years, there is a boy for six months, due to personality discord sued for divorce, the bride price does not need to be returned.
The man's domestic violence is serious, and he beats people at the slightest trivial.
If a pro-family has been divorced by domestic violence for a long time, they can apply for compensation when they leave the mu and marry the envy. If the party who is not at fault demands compensation, the party at fault for committing the act of domestic violence shall give the injured brother Sakura Fang compensation for divorce damages. The exact amount of compensation depends on the degree of fault of the aggressor; the degree of harm suffered by the aggrieved party; the income level of the perpetrator; The local economy, living standards and other factors are comprehensively considered.
If a pro-family has been divorced by domestic violence for a long time, they can apply for compensation when they leave the mu and marry the envy. If the party who is not at fault demands compensation, the party at fault for committing the act of domestic violence shall give the injured brother Sakura Fang compensation for divorce damages. The exact amount of compensation depends on the degree of fault of the aggressor; the degree of harm suffered by the aggrieved party; the income level of the perpetrator; The local economy, living standards and other factors are comprehensively considered.
Legal basis] Article 1091 of the Civil Code, in any of the following circumstances, resulting in divorce, the innocent party has the right to claim damages: (1) bigamy and Shen Town; (2) cohabitation with another person; (filial piety) committing domestic violence; (4) Ill-treatment or abandonment of family members; (5) There are other major faults.
The first time after getting married, I was beaten because my daughter and her cousin had a male friend to watch a movie, and the second round of shouting, my daughter was selling clothes, and she went home to wash her face and beat a little bit of movement, and three times her friend was angry that she was persuaded to fight and beat again, this time it was my daughter's cousin who was confined, saying that renting and visiting her cousin beat her again and almost killed my daughter.
Kiss! This kind of should be called to the police.
Domestic violence is very serious, and it can kill people at any time.
Didn't call the police? Stay away from domestic violence.
called the police, and the man's father asked the police to leave his mobile phone and said that it was okay for the two of them to be angry and not let my daughter call the police.
As a result, the police did not leave the country, and the next day my daughter went, and I thought the police station had prepared the case.
Kiss! OK.
Dear, after domestic violence, I decided to call the police, which is for the future as evidence after the divorce.
Is my daughter asking for moral compensation or financial compensation?
My daughter and I asked my daughter, and they asked a male friend, which is not the biggest fault.
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Legal Analysis: 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 it falls under the following circumstances:
1) The parties have not gone through the marriage registration formalities, (2) the parties have gone through the marriage registration formalities but have not lived together, and (3) the payment is made before marriage and causes the payor to have difficulties in life.
It can be seen from the above-mentioned legal provisions that the bride price will not be returned except for those who have received a marriage certificate due to the hardship of the party giving the bride price. However, in judicial practice, the court does not strictly adjudicate in this way. If the parties have been married for a short period of time, the amount of the bride price is relatively large, and if the conditions for divorce are met, the court will order the woman to return a part of the bride price in the face of the man's request for the woman to return the bride price.
The law does not clearly stipulate the specific proportion of return, and it is in the hands of the judge in charge.
Legal basis: Civil Code of the People's Republic of China
Article 1076:Where both parties voluntarily divorce their husbands and wives, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration organs.
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 to divorce and celebrate the marriage, the relevant organization may conduct mediation or directly send a divorce lawsuit to 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.
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Divorce just two months after marriage, whether the bride price is refunded depends on whether the conditions for the return of the bride price are met. 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 and causing hardship to the payor.
Legal basis
Article 1042 of the Civil Code prohibits arranged marriages, buying and selling marriages and other acts that interfere with the freedom of marriage. It is forbidden to solicit money or property under the pretext of marriage. Bigamy is prohibited.
It is forbidden for a spouse to cohabit with the better of them. Domestic violence is prohibited. Abuse and abandonment between family members are prohibited. Click.
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In principle, the bride price for divorce after two months of marriage will not be returned.
However, the Supreme People's Court's application of the Marriage Law stipulates that if a party requests the return of a dowry 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 two parties have not resolved the marriage registration formalities;
2. The two parties have settled the marriage registration formalities but have not lived together;
(3) Payments made before marriage and causing hardship to the payor.
Paragraph 1 of the preceding paragraph applies.
The provisions of 2.3 shall be conditional on the divorce of both parties.
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Hello, I am the answer in the emotional field, and I am good at marriage and family, love, psychology, interpersonal communication and other directions. Your question I have received, please give me a few minutes to write the answer, I am not a robot, please do not end the order, thanks!
Question: Can I return the bride price after two months of marriage and divorce?
In the answer. Hello, I am glad to answer for you, the bride price after marriage, both parties can negotiate whether to return it at the time of divorce, most of them will not be refunded, except for special circumstances. 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) Payments made before marriage and causing hardship to the payor.
The stipulation of this condition indicates that the people's court has officially made clear provisions on how to deal with bride price disputes in the form of judicial interpretations.
Question: Can I return the bride price after two months of marriage and divorce?
Question: Can I get a refund if I request a refund?
We are a little complicated, in the open room to live together the woman did not let touch, said not to do that before marriage, and then lived together twice, very much looking forward to it, the result backfired, depressed for a year this year 10, 1 marriage found that the hardness is very short, went to three hospitals for examination, there is no major problem, prescribe medicine to live in the aspect of sexual dysfunction erectile dysfunction. The woman is not allowed to eat all kinds of ridicule and sarcasm. The Cold War was even less interested.
Answer: If the two parties have obtained a marriage certificate and live together, and the woman files for divorce, about 50% will be returned within one year, and about 40% will be returned within two years; If the husband files for divorce, about 40% will be returned within one year and about 30% within two years. If the woman becomes pregnant and miscarriages during the marriage, 20% of the total bride price will be refunded on this basis.
Question: Didn't get a marriage certificate.
Answer: If both the man and the woman have not obtained a marriage certificate, but live together again, after the cohabitation relationship is dissolved, if the woman proposes it, about 60% will be refunded within one year, and about 50% will be refunded within two years; The man's proposal is to return about 50% within one year and about 40% within two years. If the woman becomes pregnant and miscarriages during the cohabitation period, 20% of the total bride price will be refunded on this basis.
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That's right. If you have the conditions, you can give the woman more compensation, after all, you have loved each other, and she has not been sorry for you, and you have not been sorry for her Just because of the relationship is incompatible Since you are married, many things are your common property, do you understand? But I hope you think about it carefully, after all, marriage is not so easy to start and it is not so easy to end, I hope you are happy!
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It's okay, it's just too disrespectful of marriage, too much of a child's play, why didn't you think it clearly in the first place, it's harmful to both parties