The Marriage Law does not clearly stipulate the return of betrothal gifts. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II), if a party requests to return 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 marriage registration procedures but have not yet lived together
(3) Giving money before marriage and causing difficulties for the payer.
In addition, the provisions of sub paragraphs (2) and (3) shall apply, and the divorce of both parties shall be the condition.
Many lawyers interviewed said that it is very difficult to solve similar disputes only by relying on legal provisions in practical operation. For one thing, many places have the idea that if the woman proposes to terminate the engagement, she will return the betrothal gifts of the man. If the man proposes, the woman can not return them. Because it is unfair to ask the bride to return the betrothal gifts after the dissolution of the engagement. Moreover, it is difficult to determine the specific number of betrothal gifts. If the delivery of betrothal gifts is only completed in the families of both parties, there is no witness present, and there is no such receipt, it will lead to the difficulty of obtaining evidence in the lawsuit. Generally, the plaintiff is the male party, and the defendant is the female party. In real life, when men and women are engaged, the man's family usually pays betrothal gifts to the woman's family. When a property relationship is formed between the man and the woman, it may be the woman, her parents, matchmaker or others who actually hold the property. When the non woman controls the betrothal gifts, it is difficult to return the betrothal gifts.
In reality, disputes arising from the return of betrothal gifts are also mediated by matchmakers and elders, and the two parties reach a settlement. After all, it was a marriage and the two parties broke up in court, and no one wanted to see it. However, both parties will gain and lose both in mediation and litigation. Therefore, farmers should really think about how to maintain the custom of betrothal gifts.