1. If the marriage contract is terminated due to the reason of one party who paid the betrothal gifts, the amount of the betrothal gifts returned can be determined according to the degree of fault, economic conditions of both parties and other factors. 2. If both men and women live together without going through marriage registration procedures, and the amount returned is generally not more than 30% of the total betrothal gifts for more than one year and less than two years. If they have lived together for more than three months within one year, the amount returned shall generally not exceed 50% of the total amount of betrothal gifts. If they have lived together for less than three months, the amount returned shall generally not exceed 70% of the total betrothal gifts. If the cohabitation relationship is terminated due to the reason of the party who paid the betrothal gifts, and the woman is pregnant or miscarried during the period of living together, it can generally be reduced by 5% to 20% on the basis of the preceding paragraph.
[Legal Basis]
Article 3 of the Marriage Law stipulates that arranged marriages, buying and selling marriages and other acts that interfere with the freedom of marriage are prohibited. It is forbidden to ask for property through marriage.
Bigamy is prohibited. Persons with spouses are prohibited from cohabiting with others. Domestic violence is prohibited. Abuse and abandonment among family members are prohibited. (The Marriage Law will expire on December 31, 2020)
Article 1042 of the Civil Code stipulates that arranged marriages, commercial marriages and other acts that interfere with the freedom of marriage are prohibited. It is forbidden to ask for property through marriage. Bigamy is prohibited. Persons with spouses are prohibited from cohabiting with others. Domestic violence is prohibited. Abuse and abandonment among family members are prohibited. (The effective date of the Civil Code is January 1, 2021)