The judgment of returning the betrothal gifts shall be based on the premise that the giver has difficulty in living due to the payment of the betrothal gifts. 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. The following factors should be taken into consideration when living in difficulties:
(1) The payer is married, and the whole family raises debts together, which causes the family to bear more debts
(2) Family members have no fixed income
(3) Major diseases in family members
(4) Family life difficulties caused by other emergencies
According to the principle of distribution of burden of proof, the payer has the burden of proof for the causes of his/her difficulties.
Confirmation of return limit
(1) If both parties have not gone through the marriage registration procedures, they should generally return the full amount
(2) If both parties go through the marriage registration procedures but do not live together, they should generally return the full amount
(3) Determine the amount of return according to the difficulty of the payer
(4) The refund amount is determined according to the length of marriage. The marriage time shall be based on the actual living time together. If divorce is filed within one year of actual living together, more than half of the betrothal gifts can be returned within two years of actual living together, and more than half of the betrothal gifts can be returned for more than two years.
(5) The refund amount shall be determined according to the fault liability that causes the emotional breakdown. If the relationship between husband and wife is broken due to the fault of the payer, it will not be returned generally. If it is really because of the absolute difficulties in life caused by the payment of the betrothal gifts, the amount can be determined at the discretion of less than half of the amount. If the relationship between the husband and the wife is broken due to the fault of the recipient, the amount returned can be increased accordingly.
