Marriage is a contract between two people, and the division of property has become a focus of attention during the divorce process. So, who does the dowry money brought by the woman belong to the divorce?
First of all, let's take a look at the relevant laws and regulations in China. According to Article 38 of the Marriage Law of the People's Republic of China, in the event of divorce, the ownership of the joint property of the husband and wife and the personal property of the husband and wife may be resolved by agreement between the husband and wife at the time of divorce; If the agreement is not established, it will be dealt with in accordance with the provisions of the law. As can be seen here, there is no clear rule on the ownership of the dowry money.
Second, the reality is very different. In some traditional families, the dowry money is mostly returned to the woman or her family. This is because the dowry money is traditionally seen as a gift from the woman's family and to ensure a stable position in the marriage. But in modern society, this perception has gradually changed. Many women are financially independent and do not receive a large amount of dowry money when they get married, so in many cases, divorce does not need to consider the ownership of the dowry money.
In addition, we need to take into account the judge's decision. In judicial practice, judges will often consider the contribution of both husband and wife to the marriage and the economic status of both parties. If the woman paid a certain amount of dowry money at the time of marriage, and there is certain legal evidence, then the judge may make a judgment based on these factors. If the woman does not provide relevant evidence, then the basis for the verdict will be relatively small. Therefore, in the divorce process, if the woman wants the dowry money to be secured, she needs to have the relevant evidentiary materials.
Based on the above analysis, who will be divorced with the dowry money brought by the woman needs to be comprehensively considered according to the specific circumstances. Therefore, in marriage, the parties should clarify the ownership of the dowry money and stipulate it in the marriage agreement. In addition, the woman can obtain the legitimate rights and interests of the dowry money for herself through reasonable evidence and evidence. Beijing divorce lawyer