Recently, "inter-provincial flash marriages" have attracted attention. Media surveys have found that "flash marriages and divorces" occur frequently in many places. The date from blind date to obtaining the certificate is usually completed within three days, with the man spending

2024-11-01 12:25:04 entertainment 2062℃

Recently, “inter-provincial flash marriages” have attracted attention. Media surveys have found that "flash marriages and divorces" occur frequently in many places. The date from blind date to obtaining the certificate is usually completed within three days, with the man spending up to 4 to 50 million yuan. Can a "flash marriage and divorce" require the return of the bride price? Under what circumstances can a marriage be annulled? How to identify fraudulent marriages? How to avoid falling into the trap of fraudulent marriages? A quick look at this article.

Can a "flash marriage" require the return of the bride price?

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Article 1042, Paragraph 1, of the Civil Code of the People's Republic of China stipulates that arranged marriages, purchased marriages and other behaviors that interfere with the freedom of marriage are prohibited. It is forbidden to ask for property through marriage.

This provision does not explicitly prohibit betrothal gifts, but rather prohibits the extortion of property during marriage. Marriage is free and voluntary, and bride price is not prohibited by law as long as it complies with the principles of voluntariness and moderation.

So, under what circumstances can the betrothal gift be requested to be returned? Should the betrothal gift be returned after a flash marriage?

The relevant judicial interpretation clearly stipulates that under three circumstances, if the parties request the return of the betrothal gift paid in accordance with customs, the people's court should support it:

Firstly, The two parties have not gone through the marriage registration formalities; the second one is that the two parties have gone through the marriage registration formalities but have not lived together; the third one is that the payment was made before marriage and caused difficulties in the life of the payer.

Although the judicial interpretation clearly stipulates these three circumstances under which the bride price should be returned, it does not restrict the return of the bride price under other circumstances. That is to say, in addition to the three circumstances stipulated in the judicial interpretation for the return of the bride price, there are other circumstances in which the bride price can be returned as appropriate. Determine whether to refund and the specific amount of the refund.

Generally speaking, when judging whether the bride price should be returned and the amount returned, it is necessary to fully consider whether the man and woman have gone through the marriage registration procedures, the length of time they have lived together, the length of pre-marital relationships, the amount of the bride price and the family income level, and whether they have children. , who will raise the children, the reasons and faults for the parties not entering into a marriage relationship or divorce, local customs, the use of betrothal gifts, and other factors to comprehensively grasp the case.

and Invalid marriage ? Can the marriage be revoked after it is completed?

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Marriage generally refers to a society in which men and women aim to live together permanently. One party settles down in the other party's home and gets married, forming interpersonal relatives. The social bonding of relationships. Marriage is not the tomb of love, nor is it a tool for profit-making.

What circumstances will cause a marriage to be invalid?

According to Article 1051 of the Civil Code of the People's Republic of China, a marriage is invalid if one of the following circumstances occurs:

(1) bigamy;

(2) marriage is prohibited kinship relationship;

(3) Not of legal age for marriage.

At the same time, in accordance with the provisions of Article 9 of the "Judicial Interpretation of Marriage and Family", the parties who request the people's court to confirm the invalidity of the marriage for a marriage that has been registered include the marriage parties and interested parties. Among them, interested parties include:

(1) On the grounds of bigamy, they are the close relatives and grassroots organizations of the parties involved;

(2) On the grounds of underage for marriage, they are the close relatives of the person who has not reached the legal age for marriage;

(3) On the grounds that there is a kinship relationship that prohibits marriage, the person is a close relative of the party concerned.

Under what circumstances can a marriage relationship be applied for annulment?

According to Article 1052, paragraph 1, of the Civil Code of the People's Republic of China, if a marriage occurs due to coercion, the coerced party may apply to the People's Court for the annulment of the marriage.

Note that according to Article 18 of the Judicial Interpretation of Marriage and Family, an actor threatens to cause harm to the life, body, health, reputation, property, etc. of the other party or his close relatives, forcing the other party to violate the contract. If a person truly wishes to get married, it can be deemed as "coercion" as mentioned in Article 1052 of the Civil Code.

According to the third paragraph of Article 1052 of the Civil Code of the People's Republic of China, if a party whose personal freedom has been illegally restricted requests to annul the marriage, the request should be made within one year from the date of restoration of personal freedom.

Paragraph 1 of Article 1053 of the Civil Code of the People's Republic of China stipulates that if one party suffers from a serious disease, he or she must truthfully inform the other party before the marriage registration; if the other party fails to truthfully inform the other party, the other party may request the People's Court. Annulment of marriage.

has to be on guard! This way to identify whether you have been defrauded of marriage

Marriage fraud refers to the act of using marriage as a bait to defraud other people's property. It is a form of using blind dates and engagements to collect betrothal gifts, and in essence achieves the purpose of defrauding money. Some criminals use marriage as a guise to defraud victims of money, then "reject marriage" for various reasons and seek opportunities to escape, ultimately achieving the purpose of defrauding money.

Marriage fraud usually has the following characteristics:

First, criminals target mostly older unmarried young people or young people who are eager to start a family, and defraud in the name of blind dates and marriages;

Second, after gaining the trust of the victim, most of them Asking for money on the pretext of buying gifts, jewelry, betrothal gifts, etc.;

The third is that the fraud process is relatively fast, usually quickly advancing the procedures of matchmaking, blind date, marriage, divorce and escape. In some cases, gangs even appear to commit crimes. .

Five common tricks to cheat marriages

① There are many customs in the woman’s hometown

Female marriage swindlers and their friends will directly or indirectly remind the man to pretend that there are many customs in the woman’s hometown, which requires a meeting gift, gift money, three golds, and a change fee. These can all be attributed to pre-wedding gifts.

② Requesting to sign a pre-marital property agreement

To protect the real rights and interests of the person who cheated on the marriage, or using seemingly reasonable excuses such as eliminating the concerns of the parents of the person who cheated on the marriage, taking advantage of the other party's lack of understanding of the law and text and the bad mentality of being anxious to get married, requiring the signing of a pre-marital property agreement An agreement that stipulates that personal property before marriage will be shared property that must be divided in the event of divorce.

③ Seize the victim’s sympathy

Marriage scammers are good at taking advantage of the victim’s sympathy. After marriage or even just after falling in love, marriage fraudsters make up excuses such as parents and other relatives being seriously ill, business failure and urgent need for working capital. However, the victim thinks that the opportunity has come to test herself and express her love for the other person, so she generously lends her property to or even gives it to the marriage fraudster. At the same time, due to human feelings, the victim is too embarrassed to obtain evidence such as IOUs and receipts. After the marriage fraudster obtains the money and property, he will quickly transfer it to another place.

④ After marriage, the victim is asked to buy a new house, car, and other items.

The marriage deceiver requires the victim to buy a new house, purchase a large amount of furniture, cars, and other large items after marriage, citing poor existing living conditions and other reasons.

⑤ Big changes before and after marriage

After marriage, when the marriage fraudsters have almost obtained the property, they will use domestic violence, losing temper, quarrels, acting out, refusing to do housework, refusing to live as a couple, spending money lavishly and other vicious means to force the victim. or divorce. The victim, who originally planned to live a steady life, was exhausted mentally and physically, and had to take the initiative to file for divorce. At this time, the marriage fraudster delayed the divorce process in various ways, and even asked the other party to pay compensation before agreeing to divorce.

For those who disappear or run away from home after asking for betrothal gifts, those who live with others after asking for betrothal gifts, or those who get married multiple times in a short period of time, attention should be paid to screening to see if they are suspected of fraud. Even if it does not constitute a crime of fraud, if the above circumstances exist, the court will give sufficient value judgment when determining the return of the betrothal gift. If it is determined that the woman is indeed fabricating facts or concealing the truth for the purpose of asking for betrothal gifts, and is suspected of committing a fraud crime, the people's court will transfer the criminal clues to the public security organs for processing.

How to avoid falling into the trap of marriage fraud?

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Before getting married, don’t be dazzled by the so-called love. Marriage must be based on mutual knowledge, especially a thorough understanding of each other's marital history. If the other party has had many short-lived marriages, you need to be more careful and beware of professional marriage scammers.

▶Don’t trust the dating ads on the Internet. The person you meet through the Internet must understand and verify their true identity and family background, especially the authenticity of the other person’s ID card.

▶ Before registering for marriage, it is best not to have large financial transactions, such as large loans, or giving expensive gifts, houses, vehicles, etc. Marriage requires a deep emotional foundation and cannot be maintained by material goods alone.

▶Maintain necessary precautions when interacting. Pay special attention to identifying the other party's promises and self-introductions. Scammers still have many loopholes and flaws in the process of defrauding. As long as you pay a little attention and investigate, you can find problems.

▶Once you discover that you have been defrauded of a huge amount of money, you must promptly preserve relevant evidence and materials to report the case to the public security organs, and assist the public security organs in investigating and collecting evidence.

Finally, I would like to remind all unmarried men and women again that marriage is a major event in life, so we must keep our eyes open and beware of falling into the "sweet trap".