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Do you want to return betrothal gifts after divorce after one month of marriage

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Do you want to return betrothal gifts after divorce after one month of marriage


        

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  • 2024-05-28 18:01:12

    Generally, the bride price of divorce does not need to be returned to the man, but if both parties have gone through the marriage registration procedures but do not live together, or if the payment before marriage causes difficulties for the payer, the woman needs to return the bride price to the man if the man requests it at the time of divorce.

    The so-called living difficulties refer to the fact that it is impossible to maintain the basic local living standard by relying on personal property and the property obtained at the time of divorce, which is an absolute difficulty.

    [Legal Basis]

    Article 5 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Code of the Civil Code of the People's Republic of China (I) states 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:

    (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) Premarital payment leads to difficulties for the payer.

    The application of the provisions of sub paragraphs (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties.

    V***

    2024-05-28 18:01:12

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