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只有婚礼没有证 小夫妻“离婚”起风波

发布于:2019-02-14 17:49

举办婚礼却未领取结婚证,“结婚”不久便闹“离婚”。5月31日上午,在禹州市文殊镇法律服务所工作人员的调解下,付、张两家就彩礼返还事项达成协议,付某和张某这对“结婚”不到一年的小夫妻终于“离婚”了。
 
The wedding ceremony was held without a marriage certificate, and soon there was a divorce. On the morning of May 31, under the mediation of the staff of the legal service office in Wenshu Town, Yuzhou City, the two families reached an agreement on the return of bride price. The couple, who had been married for less than a year, finally got divorced.
 
 
 
 
付某家住禹州市文殊镇,是家中独女。2009年8月25日,经媒人介绍,她与邻村的张某相识。考虑到张某家境不错、两家相距不远,付某的父亲对这门亲事非常满意。在媒人的主持下,刚刚认识40多天的付某和张某便举行了婚礼。因当时张某尚未达到法定结婚年龄,双方一直没有到民政部门办理结婚登记手续。
 
Fumou family lives in Wenshu Town, Yuzhou City. She is the only daughter in the family. On August 25, 2009, the matchmaker introduced her to Zhang Mou, a neighboring village. Considering that Zhang Mou's family is in good condition and the two families are not far apart, Fu Mou's father is very satisfied with this family. Under the auspices of a matchmaker, Fu and Zhang, who had just known each other for more than 40 days, held a wedding. Because Zhang Mou had not reached the legal age of marriage at that time, the two sides had not gone to the civil affairs department to go through the marriage registration formalities.
 
 
 
 
 
新婚夫妻本应如胶似漆,可付某和张某却不是。婚后不久,付某发现张某整天无所事事。付某好心劝张某,却遭到一顿痛骂。一气之下,付某回了娘家。见此状况,张某不但没有悔改之意,反而赶到付某家中对其进行殴打,并让付某的父母退还彩礼。
 
Newly-married couples should be like glue, but they can pay somebody and Zhang somebody, but they are not. Shortly after the marriage, Fu found that Zhang had nothing to do all day. Fu Mou was kind enough to persuade Zhang Mou, but he was scolded. In a fit of anger, Fu Mou went back to his mother's house. Seeing this situation, Zhang Mou not only has no intention of repentance, but also rushes to Fu Mou's home to beat him up and ask his parents to return the lottery gift.
 
 
 
 
 
经过这次事件,付某彻底对张某失去了信心,发誓不再回到其身边。然而,张某及其家人却不想简单结束。为要回彩礼,5月28日上午,张某的父亲领着家人到付某家中,要求付某的父母返还各种费用10万元。
 
After this incident, Fumou completely lost confidence in Zhangmou and vowed not to return to his side. However, Zhang and his family do not want to simply end. In order to return the gift, on the morning of May 28, Zhang Mou's father led his family to pay a certain family, demanding that his parents pay back 100,000 yuan in various expenses.
 
 
 
面对这种局面,付某的父亲很无奈,遂到禹州市司法局文殊司法所求助。了解案情后,司法所立即指派法律服务所主任孟治甫前去处理。
 
Faced with this situation, Fu's father was very helpless, so he went to Yuzhou Judicial Bureau Wenshu Judicial Institute for help. After knowing the case, the judicial office immediately appointed Meng Zhifu, director of the legal service office, to deal with it.
 
 
 
 
 
根据《最高人民法院关于适用〈中华人民共和国婚姻法〉若干问题的解释(二)》的规定,双方未办理结婚登记手续的,当事人请求返还按照习俗给付的彩礼的,人民法院应当予以支持。考虑到此事的影响及双方日后的关系,孟治甫决定从调解入手解决此事。
 
According to the provisions of the Interpretation (2) of the Supreme People's Court on Several Questions Concerning the Application of the Marriage Law of the People's Republic of China, if the parties fail to go through the formalities of marriage registration, the people's court shall support the parties who request the return of the lottery gifts paid in accordance with the customs. Considering the impact of the incident and the future relationship between the two sides, Meng Zhifu decided to settle the matter through mediation.
 
 
 
经孟治甫数次耐心劝解,付家和张家均表示愿意调解。5月31日上午,在孟治甫的召集下,两家人坐下来就返还彩礼数额进行协商。最终,付家愿意拿出6000元给张家,张家保证从此不再去付家闹事,两家人立下协议,签字为证。
 
After several patiently persuaded by Meng Zhifu, both Fujia and Zhangjia expressed their willingness to mediate. On the morning of May 31, under the convening of Meng Zhifu, the two families sat down to negotiate the amount of the lottery gift returned. Ultimately, the Fujia family was willing to pay 6,000 yuan to the Zhang family. The Zhang family promised not to make trouble at home anymore. The two families made an agreement and signed it as evidence.
 
 
 
孟治甫表示,结婚是件大事,男女双方应慎重对待,因为结婚不领证在法律上仅是同居关系,婚姻关系得不到法律保护,一旦遇到财产等纠纷,双方的合法权益都有可能受到侵害。
 
Meng Zhifu said that marriage is a major event, and both men and women should be treated with caution, because marriage without certification is only a cohabitation relationship in law, and marriage can not be protected by law. Once encountering property disputes, the legitimate rights and interests of both parties may be infringed.

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