Judgment on divorce of marriage betrothal gifts: Generally, the betrothal gifts will not be returned, but if there is one of the situations that the couple has handled the marriage certificate but does not live together, pre marital payment has led to living difficulties for the payer, and the payer requests to return, the court shall make a judgment to return it.
 Legal basis
 Article 188 of the Civil Code of the People's Republic of China [Ordinary limitation of action, maximum period of protection of rights] The limitation of action to apply to the people's court for protection of civil rights is three years. If the law provides otherwise, such provisions shall prevail.
 The limitation period of action shall be counted from the date when the obligee knows or should know that his rights have been damaged and the obligor. If the law provides otherwise, such provisions shall prevail. However, if it has been more than 20 years since the date of damage to rights, the people's court shall not protect them. Under special circumstances, the people's court may decide to extend them on the application of the obligee.
 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), 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: (I) Both parties have not handled the 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.