On December 11, the Supreme People's Court, the Ministry of Civil Affairs, and the All-China Women's Federation jointly held a press conference on the control of high bride prices. Chen Yifang, president of the First Civil Tribunal of the Supreme People's Court, said that marriages that last for a short period of time can lead to imbalances in many property arrangements based on marriage, and the bride price issue is a manifestation of this dilemma.
The bride price is for the purpose of bringing the two surnames together and living together for a long time. Under normal circumstances, if both parties have completed marriage registration procedures and live together, and if one party requests the return of the bride price paid in accordance with Xi customs at the time of divorce, the people's court will not support it. However, it should also be noted that the purpose of paying the bride price is not only to handle the legal formal requirement of marriage registration, but also to live together for a long time.
Therefore, the length of time spent together should be an important consideration in determining whether and what percentage of the bride price will be returned. In the case of "flash departure", if the relevant litigation claim for the return of the bride price is not supported at all, especially the high bride price paid by the whole family, the interests of both parties will be obviously unbalanced, and even cause the party who paid the high bride price to return to poverty, which will have a significant impact on the future life.
Realistically speaking, China has a vast territory, different regions have different levels of economic and social development, and even in the same region, there may be great differences in the economic conditions of different households, so it is difficult to determine a unified standard for high amounts, and it is necessary to refer to the per capita disposable income of local residents and the family income of the payer in individual cases.
Related case: In September 2020, Wang Moumou and Li Moumou (female) registered their marriage. Wang's family is a low-income family in the local area. In order to marry the other party smoothly, Wang Moumou paid Li Moumou a bride price of 1880,000 yuan. Li Moumou terminated her pregnancy in April 2021. Due to the deepening family conflict between the two parties, Wang Moumou sued for divorce in February 2022 and asked Li Moumou to return the bride price 1880,000 yuan.
The trial court held that the parties had no possibility of subsistence due to the lack of understanding before the marriage and the fact that they had not established a deep relationship after the marriage, and granted the divorce. Combined with the local economic living standard and the economic situation of Wang's family, the bride price paid by Wang Moumou was 1880,000 yuan is too high, and in fact it causes a heavier burden on the family. Comprehensively considering the fact that the two parties have lived together for a short time and that the woman has terminated the pregnancy, in order to properly balance the interests of both parties and resolve conflicts and disputes, it is decided that Li Moumou will return the bride price of 56,400 yuan.
*: Interface News, South***
Editor-in-charge: Luo Xiaoxia.
Proofreading: Zhao Yan.
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