After one and a half years of marriage, if the woman files for divorce, can the man ask for a refund

Legal analysis: Whether a man and a woman want to return the bride price when they divorce also depends on whether the actual situation constitutes a condition for the return of the bride price, and if it constitutes a condition for the return of the bride price, it can be required to return it in accordance with the law. There are three types of circumstances in which the bride price can be returned:

Regretting the marriage after paying the bride price, the parties have not registered the marriage, and so on. Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where a 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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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 a reasonable demand to either parent in excess of 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.

You can request a refund if you meet the conditions. The parties to a divorce by agreement may agree to return the bride price, and if the agreement is unsuccessful, they may file a lawsuit with the court, and when handling the case of marital property disputes, as long as it causes relative hardship to the payor, it should be returned. As for how to prove that the court will verify it, as long as it belongs to the part of the bride price ascertained by the court, it should be returned in full.

According to the Interpretation (II) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China

According to the laws and regulations of our country, there are three circumstances in which the bride price can be returned according to the custom, the first is that 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 the third is that the two parties have not lived together, and the third is the pre-marital payment, which leads to difficulties in the payment of life, and the second and third items should be conditional on the divorce of both parties. This may result in serious damage to the property rights and interests of some parties.

No, the bride price is a pre-marital property, which is given by the man to the woman, and belongs to the woman's personal property, and does not need to be returned in the event of divorce.

From a legal point of view, after a year and a half of marriage, if the divorced man wants to return the bride price, the law does not support it, which needs to be resolved through negotiation between the man and the woman, and whether the woman is willing to return or not depends on the woman.

The issue of prosecution can be done in the place where the marriage is registered and the place where the man's household registration is located As for the separation for two years, it only constitutes a condition for divorce, and it does not automatically require divorce or go through the relevant procedures Evidence of separation for two years The proof of the surrounding residents is considered one, but based on the current situation, it is not so easy to find, after all, it is a long period of time and has not been continuous. As for the woman cohabiting with someone else, the principle is the same as above, but if you want to find it, it is much simpler, and in fact, the most important problem of divorce is the breakdown of the relationship, and then there is the division of some property, as long as it can be proved that the relationship is broken, divorce is not a difficult thing.

This can also be negotiated, you can negotiate with the woman, if not, through legal channels to solve, this problem is also very simple, if both parties have no objection, it can be reached, the most important thing is to see the woman's opinion, if it really can't work, go through legal channels.

It can only be refunded if certain conditions are met, generally the divorced parties can agree to return the lottery, or sue the court to settle it.

I think it's better not to ask for a bride price, after all, a husband and wife, a hundred days of husband and wife, it's best for two people to communicate well, agree to divorce, don't make a lot of noise when you get married, and the whole house is full of wind and rain when you divorce! It's best to get together and disperse!

In this case, you usually can't get it, hey, you go to court to sue, you have enough evidence to get it, you are joint property after you get married.

The time to request a refund of the bride price has been lost.

The judicial interpretation stipulates that there is no actual life and can be refunded.

You've been married for more than a year.

Even if you go to court to sue you, you won't get my support.

Divorce needs to be cautious, and remarriage is risky.

Reflect on your own mistakes and remember the good of others.

After one and a half years of marriage, the woman files for divorce, whether the man can ask for the return of the bride price, there are many such things, and the best way is to let the court decide to decide the ownership of the bride price.

Friends, of course, this can also be fought for, and now many women are a bit of a way to make money with this!

If you have been married for less than a year, you can ask for a bride price, and you need to consult the law for a year and a half.

Haven't been pregnant for a year and a half? The divorce must return the bride price, who are they

You see whether it is before or after you get the certificate.

Legal analysis: 1. If the marriage has been registered, the bride price generally does not need to be returned after the divorce. 2. If the man's life is difficult because of the man's dowry.

After the divorce, the husband has the right to demand restitution. 3. If the parties have been married for a short time and have not actually lived together. After the divorce, the husband also has the right to demand restitution.

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 the following circumstances apply: (1) the parties have not gone through the marriage registration formalities; (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.

1.If a woman files for divorce after one year of marriage, she generally does not need to return the bride price.

2.The bride price can be refunded under the following circumstances:

1. The parties have registered their marriage but do not live together.

2. The husband pays a bride price before marriage and causes difficulties in life.

3.If the above circumstances are not met, the court generally does not support the return of the lottery for divorce.

1. If you are only engaged and not married, then if the marriage contract is dissolved, the bride price will be returned to the man, and no matter who proposes to dissolve the marriage contract, it will be returned in full.

2. If the marriage time is not more than one year, and the two parties divorce, part of the bride price can be returned, and the return ratio is inconsistent with the local courts. It depends.

3. If the marriage has been more than one year, the bride price cannot be returned in accordance with the law at the time of divorce.

1. Can I ask for the return of the dowry in the event of divorce?

Where the conditions for returning the bride price are met, the bride price shall be returned. If the parties have been married for a short time, they can be returned "as appropriate", and if they have been married for a longer time, it is unlikely to be returned. Where parties request the return of the bride price paid in accordance with custom, if it is ascertained that it is a circumstance prescribed by law, the people's court shall support it.

2. How to divide the bride price in divorce.

1. In the case that the two parties dissolve the marriage contract for any reason and do not hold the wedding, if the negotiation between the two parties fails, it can be judged according to the requirements of the man when he gave the bride price, that is, the conditions for the gift of property. If the final marriage contract is cancelled due to the woman's failure to comply with the agreed conditions, the woman needs to return the man's bride price. If the man is at fault and there is deception and concealment, then the woman does not need to return the full bride price, but part of the bride price will be returned in specific circumstances.

2. If the woman agrees to marry only for the purpose of defrauding the bride price, and dissolves the marriage contract immediately after receiving the bride price, the woman should completely refund the full amount of the bride price.

3. How to deal with marriage contract disputes.

The following matters should be paid attention to when dealing with marriage contracts:

1. Attention should be paid to dealing with the marriage contract of the general public:

1) Engagement is not a necessary procedure for marriage. Whether a man and a woman are married or not is based solely on the expression of intent at the time of marriage registration;

2) The engagement must be based on the complete voluntariness of both the man and the woman, and the marriage contract entered into by a third person on behalf of the third party, and the parties are not bound by it;

3) The betrothed man and woman must have no legal obstacles to marriage and must reach a certain age of majority; The performance of a marriage contract entered into by the parties on their own is conditional on the willingness of both parties. If both parties request to dissolve the marriage contract, they may dissolve it by agreement; When one party requests to dissolve the marriage contract, he or she may do so unilaterally. Property disputes arising from the dissolution of a marriage contract should be properly handled in different circumstances.

Gifts are generally not returned, and those with higher value are returned as appropriate. Where a party requests the return of the bride price paid in accordance with custom, if it is ascertained that both parties have not gone through marriage registration formalities, the people's court shall support it.

2. Attention should be paid to the handling of military marriage contracts:

1) If the foundation of the marriage contract is relatively good, there is no important reason for the dissolution of the marriage contract, and there is a good prospect of recovery and reconciliation, the education should be persuaded not to dissolve it;

2) If the marriage contract is not consolidated and there is no prospect of marriage, the military shall be persuaded and educated through the organization to which the military belongs, and the marriage shall be dissolved.

1. Does the woman need to return the bride price if she files for divorce within one year of marriage?

1. Whether the woman needs to return the bride price if she files for divorce within one year of marriage, depending on the situation

1) If the woman files for divorce, the bride price can not be refunded;

2) If both parties have not completed the marriage registration formalities, and the payment is made before the marriage and causes the payor to have difficulties in life, the bride price money needs to be refunded.

2. Legal basis: Article 1089 of the Civil Code of the People's Republic of China.

In the event of divorce, the joint debts of the husband and wife shall be repaid jointly. Where the joint property is insufficient to be paid off or the property is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.

Article 1090.

In the event of a divorce, if one party is in financial difficulty, the other party who can afford it should provide appropriate assistance. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

2. How to return the bride price.

1. The parties can negotiate the return, and if the bride price is not used for the marriage ceremony or living together, the parties need to return it in full;

2. If the negotiation fails, the court shall generally make a judgment, and the statutory circumstances for return include that the man and the woman have not received the marriage certificate, the man and the woman have not gone through the marriage registration formalities but have not lived together or purchased the bride price before marriage, which has caused the payer to have difficulties in life and the parties have divorced.