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Can I get the money back from the engagement to the woman after breaking up

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Can I get the money back from the engagement to the woman after the breakup


        

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  • 2024-06-17 14:00:47

    The money given to the woman by the engagement can be recovered after the breakup.

    Engagement refers to the prior agreement made by both men and women for the purpose of future marriage. It is a folk custom. According to the provisions of Chinese laws, only when both men and women have gone through marriage registration in the marriage registration authority can they be considered as married, and only when they are legally recognized and protected.

    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) stipulates that 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 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.

    Legal basis

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

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