Engagement refers to the prior agreement made by both men and women for the purpose of future marriage. It is a folk custom.
According to the provisions of the Marriage Law of China, marriage is only recognized and protected by law when both men and women have registered their marriage in the marriage registration authority.
However, engagement is not a legal and necessary procedure for marriage, so it has no legal effect and is not protected by law.
Article 10 of the Marriage Law stipulates that if a party requests the return of the betrothal gifts paid according to custom, the people's court shall support it if it is found that the following circumstances exist:
(1) Both parties have not gone through marriage registration procedures;
(2) Both parties have gone through the marriage registration procedures but do not live together;
(3) Giving money before marriage and causing difficulties for the payer.
The preceding paragraph applies
(2)
(3) The provisions of subparagraph (1) shall be conditional on the divorce of both parties.