Anmou, a native of Chuxiong City, Yunnan Province, is in his early 30 s and his family conditions are average. 20 16 after being introduced, she met Yu, a woman from the same town, and soon established a love relationship. However, according to local customs, as long as the two parties hold a wedding banquet and formally live together, they will become couples recognized by villagers and ethnic groups.
In order to realize her wish to marry Yu Tao, Ann tried her best to give Yu Tao a bride price of 20,000 yuan. Later, he borrowed money to hold a wedding banquet and took care of his relatives according to local "standards". After that, they officially began to live together. 20 17 Yu gave Ansheng a daughter.
I thought a happy life was coming, but what Anmou didn't expect was that after giving birth to a daughter, her personality began to change, leading to frequent quarrels and sometimes even arrogance. After the most serious quarrel, I left without saying goodbye. Although Anmou contacted many times, Yu still refused to go home.
This situation makes Anmou very unhappy. He owed a lot of money when he married Yu, but now he has to raise his daughter alone and can't do anything. And debt collectors are one after another. Anmou thinks that Yu will solve this problem anyway, otherwise he will never stop talking to her.
In the days that followed, Ann often used communication tools to contact and ask questions. The two sides abused each other on telephone and communication tools, which led to deeper and deeper contradictions. Anmou even said malicious words, thinking that this is all thanks to someone. If I want to dissolve this relationship, I must return the bride price and pay my daughter's support. He won't give up until this problem is solved.
In order to get rid of Anmou's entanglement completely, Yu Mou applied to the local judicial authorities for mediation and requested to dissolve this special relationship between the two sides. However, Anmou has always believed that the two sides are husband and wife, annoyed and emotionally fluctuating, and they are not willing to participate in mediation at all. Later, Yu filed a lawsuit in the local court, demanding that the de facto marriage relationship between the two parties be dissolved according to law.
Some people here may ask, how can it be considered as a de facto marriage when the two parties are obviously living together and not married? Actually, it is not. Although our country's law no longer recognizes de facto marriage from 1 994 February1,it does not mean that the law will completely deny de facto marriage. For example, the crime of bigamy in criminal law can still be regarded as bigamy even if it is not registered in the civil affairs department.
In fact, in many remote areas of China, the situation of An and Yu is objective. In these areas, weddings are very popular because of the influence of traditional customs. In this case, Anmou and Yumou married and had children according to the popular ceremony, with the aim of living forever. Although not registered to get married, they live together as husband and wife. It should be considered as a fact of marriage form.
In the event of a dispute, it is obvious that both parties cannot go to the civil affairs department to dissolve the marriage relationship, but should dissolve this specious marriage relationship through litigation, and clarify issues such as child support and property division. How to determine the rights and interests of both men and women and the rights and interests that children should have in these relationships should be divided according to the marriage relationship.
Because of the special circumstances, in order to completely calm the contradictions between the two sides. Court officials believe that it is more appropriate to settle disputes through mediation, so the judicial department and the court once again organized mediation between the two parties before the lawsuit. Although Anmou is extremely reluctant, he also wants to have a result in time and end his marriage that he has been unable to retain. He came to the scene on the day of mediation.
202 1 1, after the judges and judicial personnel explained the law, both sides relaxed. However, Anmou insisted on returning the bride price and paying her daughter's support. However, Yu believes that the two sides have lived together for many years and gave birth to a daughter for Anmou, which is not in compliance with the law and is unwilling to return the bride price. The two sides are deadlocked again.
Then, what are the circumstances of the return of bride price stipulated by law? China's newly promulgated civil code does not stipulate the return of bride price, but it is forbidden to claim property through marriage. The specific clause is "It is forbidden to arrange, buy or sell marriages and other acts that interfere with the freedom of marriage. It is forbidden to claim property through marriage. Bigamy is prohibited. Spouses are prohibited from cohabiting with others. "
In other words, no matter what the situation, it is strictly forbidden to ask for a bride price. Since this kind of behavior is forbidden, the man who asks for the bride price has the right to get it back. Moreover, the legal provisions applicable to the return of bride price when the two parties determine the marriage relationship are actually very clear, one of which is "pre-marriage payment, which causes difficulties for the payer's life." In this case, the bride price can also be returned.
Back to this case, whether Anmou and Yu Mou are in a de facto marriage relationship or have registered marriage according to law, Anmou has the right to demand the return of the bride price when dissolving this relationship. If you prove that you really have a hard life, Yu should return the bride price. However, if the current focus of contradictions is expanded to this level, it is not very beneficial to solve the contradictions between the two sides.
In view of this, when mediating this contradiction, it is more appropriate to focus on "emotional cards" and solve it from the perspective of two daughters. According to the law, the rights and interests of children born during cohabitation are treated equally with those born within marriage, regardless of whether the marriage registration procedures have been handled. Upon request to dissolve the specific relationship between the two parties, the daughter should be raised or the daughter support should be paid.
According to the news of Chuxiong City Court 202112, Anmou and Yumou finally reached a mediation agreement after mediation by the court, the judicial department and the town comprehensive management office, and the two sides dissolved their marriage relationship. Anmou raised his daughter, and Yu paid a one-time nursing fee of 50,000 yuan. On the day of signing by both parties, the local court confirmed the mediation agreement according to law.
Marriage is the sublimation of the feelings of men and women, which cannot be based on interests, and of course it is not solid. However, the concept of marriage and childbearing of rural men and women is gradually changing. Many cases show that the more bride price you get, the less happy your married life will be. If you want to live a happy life, the bride price should gradually withdraw from the historical stage, so that the feelings between people will be more pure and the marriage and family will be more harmonious and peaceful.