From "three turns and one ring" to "four major pieces" to "thousands of purples and thousands of reds", the form of bride price has been constantly changing. It is originally a bride price paid for the conclusion of marriage, but once there is a situation of repentance or divorce, its ownership often leads to various conflicts and disputes. So, if the man pays the bride price at the time of engagement and fails to get married for some reason, can the man still ask the woman to return the bride price?
Netizen consultation:
Should the bride price from the marriage contract be refunded?
Lawyer answers:
The three scenarios for the return of the bride price are:
1) If both parties have not gone through the marriage registration formalities, the bride price may be returned;
2) If both parties go through the marriage registration formalities but do not live together, the bride price may be returned
3) If the bride price is paid before marriage and causes the payor to have difficulties in life, the bride price may be returned.
Lawyer adds:
Not all bride prices can be returned, and the relevant laws of our country stipulate that in the following circumstances, the wedding bride price given by one party to the other party after divorce cannot be returned
1) They have registered their marriage and are living together. In this case, the purpose of the marriage contract has already been achieved, so the bride price cannot be returned after the divorce.
2) Where a man and a woman have not gone through the marriage registration formalities and have lived together for a long time, they shall generally have children born for more than two years or during the period of cohabitation, and the bride price cannot be returned after divorce.
3) Where a man and a woman live together without completing marriage registration formalities, and the bride price received has indeed been used to live together, the bride price cannot be returned after divorce. The definition of co-living is mainly limited to the actual expenses of family members due to their living and production needs, such as the expenses of illness of one or both men and women, joint business investment, etc.
4) In the event of the death of a party to the marriage contract during the existence of the marriage contract, the bride price cannot be returned after the divorce. However, an exception should be made if a lawsuit has been filed prior to death.
Laws and Regulations] Article 5 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China.
Where a party requests the return of the bride price paid in accordance with Xi customs, the people's court shall support it if it is ascertained that the following circumstances apply:
1) The parties have not gone through the marriage registration formalities;
2) The parties have gone through the marriage registration formalities but do not live together;
3) Premarital payments that cause hardship to the payor.
The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties.
Lawyer Zhao Chentao's profile
Specializing in traffic accidents, labor injuries, marriage and family and other types of cases, with rich experience. Solve legal problems for the parties with rational thinking and responsible attitude.