The conditions for the return of the bride price include that the parties have not completed the marriage registration formalities, the parties have gone through the marriage registration formalities but do not live together, and the pre-marital payment has caused hardship to the payor. The statute of limitations for disputes over the return of bride price is three years.1. What are the requirements for returning the bride price?The legal conditions for the return of the bride price are:
1.The parties have not gone through the marriage registration formalities;
2.The parties have gone through marriage registration formalities but do not live together;
3.Payments made before marriage and cause hardship to the payer.
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 a bride price paid in accordance with custom, 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.
2. How long is the litigation time for the return of the bride price?
The duration of the proceedings for the return of the bride price is three years. The statute of limitations for filing a request to a people's court for the protection of civil rights is three years. Where the law provides otherwise, follow those provisions. The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than two years have elapsed since the date on which the rights were infringed, the people's courts shall not grant protection, and if there are special circumstances, the people's courts may decide to extend the request for the return of the bride price on the basis of the application of the right holder.
3. What should I do if the bride price woman is unwilling to return?
If the bride price is unwilling for the woman to return, the man may file a lawsuit with the people's court, and a written complaint shall be submitted, which mainly includes the circumstances of the original defendant and the defendant, the litigation claims, and the facts and reasons. If it is truly difficult to write a written complaint, the lawsuit may be filed head-to-mouth, and the staff will make a record. After the court accepts the case, it will inform the plaintiff to pay the litigation fee, serve a summons, arrange for the trial by the adjudicator, and then organize **.