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What are the conditions for returning the betrothal gifts and what are the conditions for asking for the betrothal gifts

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What are the conditions for returning the betrothal gifts and what are the conditions for asking for the betrothal gifts


        

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  • 2024-05-21 23:01:30

    Whether the betrothal gifts can be refunded after one year of marriage depends on the specific circumstances. According to the provisions of the laws of China, if the following three circumstances are met, the parties can request the return of the betrothal gifts:

    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.

    For the second and third items, the two parties already have a legal marriage relationship, but it should be conditional on divorce.

    [Legal Basis]

    According to Article 10 of the Second Judicial Interpretation of the Marriage Law, 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 application of the provisions of sub paragraphs (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties.

    (Judicial Interpretation II of the Marriage Law will expire on December 31, 2020)

    According to Article 1042 of the Civil Code, it is forbidden to ask for property through marriage.

    (The effective date of the Civil Code is January 1, 2021)

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