If the woman files for divorce after 3 months of marriage, does she need to be legally responsible?

Updated on society 2024-08-14
20 answers
  1. Anonymous users2024-02-16

    After 3 months of marriage, whether the woman should be legally responsible for filing for divorce depends on the specific reasons for the divorce of both parties. However, if there is a problem with the return of the bride price or there is a fraud, it is necessary to analyze the specific problem on a case-by-case basis.

    With regard to the question of whether the bride price paid for marriage is returned, Article 1042 of the Civil Code clearly stipulates that arranged marriages, buying and selling marriages and other acts that interfere with the freedom of marriage are prohibited. It is forbidden to solicit money or property under the pretext of marriage.

    If the bride price has been paid as a result of the marriage, the bride price may be returned in the following cases. Article 5 of the "Interpretation (1) of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family" provides that where a party requests the return of the bride price paid in accordance with custom, if it is ascertained that the following circumstances apply, the people's court shall support it: (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. It can be seen that if one of the above three conditions is met, it can be claimed that the party who accepts the bride price can return the bride price.

    From a criminal point of view, if it is believed that the party who hastily filed for divorce has obtained property by fraud, it is necessary to see whether there is a provision on the crime of fraud provided for in Article 266 of the Criminal Law: if the amount of fraud is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.

    The Supreme People's Court and Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud stipulates that where public or private property is defrauded with a value of 3,000 to 10,000 RMB, 30,000 to 100,000 RMB, or 500,000 RMB, it shall be respectively found to be a "relatively large amount", "huge amount", or "especially huge amount" as provided for in Article 266 of the Criminal Law.

  2. Anonymous users2024-02-15

    Imprudent, too child's play! Divorce is subject to legal liability, for example, the bride price must be returned ......I suggest that you do not divorce, but reconcile as before, and now you can have three children.

  3. Anonymous users2024-02-14

    If there is no fraud in marriage, and the woman files for divorce after 3 months of marriage, she does not need to bear legal responsibility, because marriage and divorce are free. You mentioned the bride price, this bride price is to be returned, due to other expenses of marriage, the divorce party also bears, how much to bear the two parties to settle through negotiation, if the divorce due to domestic violence is injured, you do not need to bear this compensation, can not be solved by the appeal law.

  4. Anonymous users2024-02-13

    Marriage is free, then others don't want to live with you, then divorce is normal, this is not legally responsible, if you say that your wife has not been married to you for a long time, you want a lot of bride price, if he wants to be suspected of fraud or defrauding your family's property, so as long as you have evidence, you can sue him.

  5. Anonymous users2024-02-12

    Marriage and divorce are settled by voluntary negotiation between men and women, and in some places there is no need to bear legal responsibility, and marriage and divorce are the free choice of individuals.

  6. Anonymous users2024-02-11

    There is no provision in the law for fraudulent marriage, and a marriage registered due to fraud is also a valid marriage, which is protected by law, and the two parties can sue the court for divorce if they do not agree with each other. If one party uses marriage as bait for the purpose of illegally taking possession of other people's property, conceals the truth, defrauds property under the pretense of marriage, and runs away with the money afterwards, and the amount is relatively large, it is suspected of the crime of fraud, and it is recommended to report to the police in time. Whether or not marriage fraud constitutes the crime of fraud depends on the purpose of the marriage, whether it is marriage or money.

  7. Anonymous users2024-02-10

    As long as the other party's actions and procedures are lawful, there is no need to bear any legal responsibility.

  8. Anonymous users2024-02-09

    The principle of freedom of marriage does not have to bear any legal responsibility, of course, there are some related expenses in the early stage, like that large amount, which should be liquidated or liquidated.

  9. Anonymous users2024-02-08

    There is definitely no legal responsibility, but the bride price must be returned, otherwise this is not a cheating marriage!

  10. Anonymous users2024-02-07

    The legal consequences of divorce are: division of joint property of husband and wife, assumption of joint tasks of husband and wife, child support, etc., regardless of who filed for divorce first.

  11. Anonymous users2024-02-06

    Divorce is a matter for the two of you, what legal responsibility do you need to pay for this? Two people who do not have legal responsibility can get a divorce after discussion.

  12. Anonymous users2024-02-05

    Marriage is free, and divorce is free. It depends on you, it depends on the division of your property, and you can also ask for the return of the bride price.

  13. Anonymous users2024-02-04

    After three months of marriage, the woman filed for divorce. And I don't pay anything or anything like that. It's just that two people don't have feelings. Divorce. Just received a sound.

    Moral condemnation.

  14. Anonymous users2024-02-03

    As long as there is a marriage certificate, there is a responsibility to file for divorce.

  15. Anonymous users2024-02-02

    The following six conditions do not allow divorce: 1. The man shall not file for divorce during the woman's pregnancy, within one year after childbirth, or within six months after the termination of pregnancy. Many women often have no job or voluntarily quit their jobs during this period, and if the man files for divorce at this time, on the one hand, it will definitely bring greater sperm to women.

  16. Anonymous users2024-02-01

    It's just a dissolution of the marriage.

    You can file for a refund.

  17. Anonymous users2024-01-31

    You tell her to give you a bride price.

  18. Anonymous users2024-01-30

    If the woman files for divorce after 3 months of marriage, the bride price should be returned.

  19. Anonymous users2024-01-29

    This does not need to pay legal responsibility, if it is because of the woman, you need to return the bride price, as the south at least some comfort, not to be empty.

  20. Anonymous users2024-01-28

    Legal analysis: As long as both parties agree, Divorce by agreement, also known as divorce by mutual consent or registered divorce, is called voluntary divorce by both parties in China's Marriage Law, which refers to the divorce method in which the marriage relationship is dissolved due to the agreement of both parties. The divorce agreement must be in writing, signed by both husband and wife, and approved by the court or the marriage registration management department.

    This is one of the requirements for divorce proceedings. According to the latest marriage registration regulations, a divorce agreement signed by both parties must be issued when going through divorce procedures. The divorce agreement should contain the parties' intention to divorce voluntarily and the consensus on matters such as child support, property balance and debt disposal.

    Therefore, as long as the two parties can reach an agreement, the woman can leave the house.

    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' voluntary expression of intent to divorce 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.

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The main thing is to look at the reason why the other party asks for divorce, if the other party is just looking for an excuse to divorce, it is tantamount to cheating on marriage and money, the bride price must be returned, if the other party feels that the two people are not compatible with you for a month and ask for a divorce, then the other party will take the initiative to return the bride price, but may only return part of it to you.

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