According to the Marriage Law, the answer is as follows:
Hualvwang
The act of engagement is not clearly defined in law;
The engagement agreement (whether oral or written) violates the mandatory provisions of the marriage law and is invalid;
Marital status is only bound by marriage certificate and divorce certificate, not by other laws, regulations or agreements;
The invalid contract shall be invalid from the beginning, and the bride price at the time of engagement shall be refunded in full;
Refer to Contract Law and Marriage Law.
What are the conditions for the return of the bride price?
"Judicial Interpretation of Marriage Law II" stipulates that the return of bride price has the following circumstances:
(1) Both men and women are not registered to get married;
(2) Both men and women who have gone through the marriage registration formalities but have not lived together may request the return of the bride price in divorce proceedings;
(3) If it is paid before marriage, and the payer has a hard life, he can also ask for the return of the bride price in the divorce proceedings.
In judicial practice, the bride price cannot be returned under the following circumstances:
(1) Both men and women have lived together for more than two years without going through the marriage registration formalities.
(2) Both parties have not gone through the marriage registration formalities, lived together for less than two years, but have children.
(3) The bride price received has indeed been used for living together.
Return the bride price to the model to complain.
Plaintiff Chu XX, male, Han nationality, was born on, and lives in XX, Minquan County, Henan Province.
Defendant Li XX, female, Han nationality, was born on XX, XX, and lives in XX, Yiyang County, Henan Province.
Defendant: Li XX, male, Han nationality, father of Li XX, living in XX, Yiyang County, Henan Province.
Litigation request:
1. Request the people's court to order the two defendants to refund the plaintiff's engagement bride price of 28,000 yuan according to law;
2. The litigation expenses shall be borne by the defendant.
Facts and reasons:
The plaintiff and the defendant Li XX met when they were working at Foxconn in Zhengzhou on September 20 12, and they fell in love freely. On May 6, 2065438, the plaintiff held an engagement ceremony according to the custom of the defendant's hometown, and gave the defendant a bride price of 20,000 yuan and high-grade cigarettes, alcohol and other gifts worth 8,000 yuan. After the defendant's family accepted the bride price from the plaintiff, the defendant Lee Hyo Ri found an excuse to break up with the plaintiff on May 24th, 2003, and broke off the marriage relationship. The plaintiff's family was poor, and the money borrowed by the plaintiff's parents confirmed the marriage. But since the defendant proposed to dissolve the marriage, the plaintiff can only accept the reality. However, the bride price and gift money given by the plaintiff to the defendant should be returned. After repeated reminders from the plaintiff, the defendant refused to return it.
To sum up, the defendant unilaterally dissolved the marriage relationship and refused to return the bride price to the plaintiff, which has seriously violated the plaintiff's legitimate rights and interests. In order to safeguard their legitimate rights and interests, the plaintiff now brings a lawsuit according to law and requests the people's court to make a judgment according to law.
I am here to convey
XX county people's court
Shaping people:
Date, year and month
How does the law stipulate engagement and divorce? It's ok to get divorced after engagement, but do you want to return the bride price, dowry, etc. It needs to be handled individually according to the actual situation. Unmarried couples have disputes over the return of bride price after engagement. At this time, they should come to Hualv.com to find professional lawyers to help them.