Marriage is legally binding and protected by law. After getting the marriage certificate, the two parties are formal husband and wife and are protected by law. If divorce needs to go through legal procedures.
The difference between them is that the engagement is a contractual act in law and an identity contract. Engagement is not a necessary procedure before marriage, and a marriage without engagement does not lose its validity. Features of this identity contract:
1. This agreement shall not be concluded through agency, otherwise it will have no legal effect; In other words, the engagement can only be established if both men and women agree.
2. Only those who have the legal capacity for engagement can engage in engagement. At present, the legal definition of betrothal ability is based on age: men over 17 years old and women over 15 years old. A marriage contract concluded in violation of this provision is not invalid, but the parties or legal representatives may request the court to cancel it. Because, for minors under the age of 20, their engagement must be approved by the legal representative.
3. The engagement should not be enforced. Although the engagement should be observed, it should also follow the wishes of both men and women. If one party fails to perform, it cannot be enforced.
Legally speaking, a marriage contract has been concluded, but one-sided unwillingness to perform the contract without the consent of the other party constitutes a "violation of the marriage contract", and the consequence is that one must bear the liability for damages.
Liability for damages is divided into the following two types:
1. Property damage compensation. In other words, you can ask for monetary compensation.
2. Compensation for mental damage. For example, the number of solatium depends on the social status, economic ability, education level and suffering of both sides.
break one's engagement
Breaking an engagement is different from breaking a promise. The violation of engagement is unilateral violation, and the dissolution of engagement can be divided into unilateral dissolution and bilateral dissolution.
1. dissolution by both parties: it means that both parties agree to dissolve the engagement, and whether there is any claim for damages will be completely clear after mutual explanation.
2. Unilateral dissolution: If the other party is engaged to another person or marries another person, the engagement can be dissolved unilaterally. In addition, if one party loses his mind, or is mentally weak, or commits adultery with others, this situation can make the other party consider unilaterally lifting it. Legal unilateral dissolution of the engagement does not violate the engagement, nor does it bear legal liability for compensation.
(a) Traditional engagement gifts
On the day of engagement, the traditional etiquette "engagement gift" in Taiwan Province Province, whether using "big engagement gift", "small engagement gift" or "rice fragrance" as a gift cake, not only uses the gift cake as the main gift of engagement, but also uses other gifts to show solemnity.
I. General gifts
1. Cooking ceremony: a broiler (a hen that is about to lay eggs but has not yet laid eggs), a fish, a piece of meat and an altar of rice wine, which symbolizes marriage and career, showing women's virtue, good luck at home, a good wife and a good mother.
2. Four-color sugar: orange cake, winter melon candy, rock sugar and candy, which symbolize sweetness, growing old together and infinite happiness.
3. Incense gun and candle gold: incense (no bones and green feet), firecrackers (big firecrackers and cannons) and candles (dragons and phoenixes in pairs are happy candles) are used to worship ancestors, bless each other, be auspicious and safe, increase happiness, unite the two families and revitalize the cause.
4. Fight for two meters: the man prepares 12 kilograms of glutinous rice, three kilograms and two ounces of sugar, and makes red dumplings for the woman, which means round and beautiful.
5. Face line: it symbolizes the marriage of two surnames, a happy marriage, a long life and endless happiness for future generations.
6. Fuyuan: Longan and dried longan are used to bless the prosperity of future generations, which means the descendants of the dragon, complete happiness, handed down from generation to generation and endless life.
7. Top cloth: It is a gift from both men and women. The man has six kinds of gifts, and the woman returns 12 to 16. The selected gifts are all necessary for daily life, meaning full of happiness and good luck.
Second, special gifts.
1. Half pig: half pork or foreign ham (eighteen or thirty-six) to show rich and sincere respect.
2. raw chickens: six capons, indicating that the marriage foundation is permanent, peaceful inside and outside, and full of vitality.
3. Fresh fish: There are six rare fresh fish, which means that there is more than one head and one tail every year.
4. Good wine: 24 bottles, meaning 24 solar terms a year are safe and full of love.
5. Top row: indicates the fuse length.
Third, * * * bring gifts:
1. large subscription: traditionally, "money" is the most important gift, and new banknotes are usually circled in red paper. The gifts given by the man to the woman are: clothes, wallets, shoes, belts, watches, bracelets, earrings, headdresses, cosmetics, bedding, headscarves, stockings, tea sets, sewing boxes, etc. , and the woman's gift to the man is:
2. Small order: select new banknotes circled with red paper, with a large amount and a small order.
3. Gold ornaments: gold rings, bracelets, necklaces or diamond necklaces, diamond rings, etc.
(2) Modern engagement gifts
Gifts that men should prepare.
1. Engagement fee
2. Gold ornaments (rings, bracelets, necklaces, etc.). ) and watches
3. Gift cake
4. Four-color sugar (orange cake, winter melon candy, rock candy, candy), tea, a pair of dragon and phoenix candles, a pair of incense sticks, a pair of ancestral paper, and a pair of dragon and phoenix cannons.
5. Drink offering (a bottle of wine, a hand-washing chicken)
6. Fuyuan bucket on Tangzai Road, a box of flower headgear, half a pig (or eighteen or thirty-six foreign hams), six bundles of noodles and twenty-four bottles of good wine.
7. Gifts for the woman (clothes, purses, shoes, etc.). )
8. Banquet Ceremony (Table Pressing Ceremony)
9. Matchmaker ceremony
10. According to local customs, you can prepare separately:
Chef ceremony: Chef ceremony
Service end ceremony
Toilet utensils: water ceremony at the washbasin
Carrying instruments: welcome.
Card issuing: makeup ceremony
Tea holding appliance
Feeding ceremony: thank you for your kindness in raising children.
Sedan chair instrument: a gift for the bride to get on the sedan chair.
Waiwaicai: A chicken, a pork and a squid.
Second, women should prepare gifts.
1. Gift-giving: a red envelope gift for the bride and the man.
2. Sweet tea
3. Tangyuan and snacks
4. Banquet for male guests
5. Five-grain seeds, raw charcoal, wicks, cotton, broken bags, brown sugar, lead money, lead powder and belly circumference.
6. A pot of pomegranate and a pot of osmanthus.
7. Gifts for the man (shoes, belts, wallets, etc. )
8. Matchmaker ceremony
Participate in the appointment procedure
Usually, "engagement" focuses on the customs and habits of the woman, while "marriage" focuses on the customs and habits of the man. In modern times, both men and women reach an agreement through consultation. The following are general customs, which can be increased or decreased according to actual needs or local customs.
1. On the day of engagement, the man put the "dowry" in two, six or twelve mahogany boxes, with six, ten or twelve people. After the convoy was loaded, he shot and went to the woman's house.
2. The man's motorcade fired a gun about 100 meters in front of the woman's house, and the woman also fired a gun in response.
3. The matchmaker gets off first, and others get off one after another. Finally, the groom-to-be opens the door and lets the groom-to-be wash his hands and face. The groom-to-be gives the groom a red envelope gift.
4. The staff of the man will give the recruitment gift (red wooden box) to the gift carrier of the woman.
5. The man's relatives and friends enter the woman's house in turn.
6. The woman's elders greet the man's relatives and friends to be seated according to their age, and the prospective groom is at the bottom.
7. After being seated, the matchmaker formally introduces the relatives and friends of both parties, first introduces the relatives and friends of the man to the woman (the groom-to-be introduces them last), and then introduces the relatives and friends of the woman to the man.
8. After the gift display is ready, the matchmaker will give the size, gold ornaments and gift points to the woman's parents.
9. The woman's relatives and friends will accept gifts, display sacrifices on the altar, and prepare to worship the woman's ancestors.
10. The bride-to-be holds a tea tray in her hands (with several cups of sweet tea on it, depending on the number of men), and the lucky woman (or her female elder) helps her out of the hall, offering tea to the relatives and friends of the man (from young to old, the groom-to-be is the last) and quits the hall (bowing to the relatives and friends of the man when she leaves the hall).
1 1. The man's relatives and friends will drink the sweet tea and put the red envelope in the cup.
12. The bride-to-be goes out to collect tea cups (the process is the same as the tea service).
13. After tea, wear an engagement ring (hang your finger); Tie the gold ring and the copper ring together with a red line, indicating that the husband and wife are the same body or change to a diamond ring.
The woman prepared a high chair and a low chair.
The bride-to-be takes a seat, facing the living room door, and sits with her feet on the low chair.
The groom-to-be stands on the right of the bride-to-be and faces the bride-to-be.
The bride-to-be holds out her right hand, and the groom-to-be holds the ring in her right hand and puts it in the middle finger of the bride-to-be's right hand (cooperate with the photographer before putting it in).
The groom-to-be holds out his left hand, and the bride-to-be holds the ring in her right hand and puts it in the middle finger of the groom-to-be's left hand (cooperate with the photographer before putting it in).
The groom-to-be gives the bride-to-be a red envelope gift.
14. After wearing the engagement ring, the matchmaker takes the groom-to-be and changes the address one by one to the elder, parents and relatives of the woman, and the bride-to-be changes the address one by one to the elder, parents and relatives of the man.
15. Please allow the mother and uncle of the bride to "light candles to burn incense", and the woman should light candles for her mother and uncle.
16. The woman's parents and prospective newlyweds worship their ancestors.
17. The woman will return part of the employment gift money, put it in a red wooden box with the returned gift money, and give it to the man's relatives and friends to get on the bus.
18. After the engagement ceremony, the woman serves jiaozi or snacks to the relatives and friends of the man, and then prepares a table for the man at home or goes to a restaurant for dinner.
19. After dinner, the man's parents pressed the table and went home. The woman's younger generation washes their hands with the man's relatives and friends with face washing water (with towels inside).
20. "seeing never say goodbye off" means that both men and women should not say "goodbye" to avoid complications or remarriage. Don't kick the threshold when crossing it.
2 1. The woman distributed the engagement wedding cake to relatives and friends as a happy news.