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How can the court judge if the bride price is not returned

Time: 2024.03.01 label: marriage and family betrothal gifts Reading: 1292 people

Lawyer's analysis:

1. Never retreat in practice betrothal gifts Generally, there will be no sentence, but if the man sues to the court, the woman is able to return the bride price and refuses to implement the court decision, she may be sentenced.
2. The people's court will support the return of betrothal gifts only if:
1. Both parties failed to handle Marriage registration Formalities;
2. Handled by both parties marry Those who have registered but do not live together;
3. Giving money before marriage and causing difficulties for the payer. If these three conditions are not met, the court does not support the return of betrothal gifts.

Legal basis:

Criminal Law of the People's Republic of China
Article 313 Whoever has the ability to execute a judgment or order of a people's court but refuses to execute it, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

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Lawyers' answers

ask Can the husband request to withdraw the bride price after divorce

Generally, the betrothal gifts for divorce cannot be returned. However, if there are the following circumstances, the husband can request the return of the betrothal gifts at the time of divorce: 1. The betrothal gifts can be returned if the parties have not actually gone through the marriage registration procedures with the marriage registration authority; 2. After both parties get married and

Lawyer Zhao Lu

ask Does the man have the right to get back the bride price in case of divorce

Generally, the husband has no right to get back the bride price for divorce. However, if there are the following circumstances, the husband can request the return of the betrothal gifts at the time of divorce: 1. The betrothal gifts can be returned if the parties have not actually gone through the marriage registration procedures with the marriage registration authority; 2. Both parties conclude that

Lawyer Zhao Lu

ask Married for one year, gave birth to a child. Should betrothal gifts be established after divorce

In general, the bride price cannot be returned to those who get divorced after one year of marriage. However, if there are the following circumstances, the bride price can be returned: 1. If both parties have not actually gone through the marriage registration procedures with the marriage registration authority, the bride price can be returned; 2. Both parties

Lawyer Zhao Lu

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Referral lawyer

Lawyer Zhao Lu

Beijing Jingshi (Shanghai) Law Firm

Zhao Lu, Master of Investment Economics, a practicing lawyer of Beijing Jingshi (Shanghai) Law Firm, and director of the Real Estate Business Center of Beijing Jingshi (Shanghai) Law Firm. Internationally registered senior private wealth manager (SPWM), internationally registered senior family financial manager, and transaction M&A specialist. He has worked in Deloitte Touche Tohmatsu CPA Firm for many years, dedicated, progressive, dedicated and responsible. Since practicing, he has been engaged in marriage and family affairs, civil and commercial disputes, and family real estate wealth planning business. For many years, he has provided enterprises with comprehensive, multi-dimensional, professional and high-end legal services, and provided high-quality, efficient and honest legal services for the parties. During his practice, he handled a number of marriage and family affairs, civil and commercial litigation cases, and accumulated rich practical experience in handling cases in the process of providing legal services. Case handling philosophy: morality first, self-cultivation first, professional and efficient, honesty first. Always adhere to the professional ethics of pursuing truth and distinguishing right from wrong, and adhere to the practice standards based on facts and laws. Professional direction: marriage and family affairs, real estate disputes, inheritance disputes, labor disputes, private lending, property damage, construction projects, creditor's rights and debts, commercial contracts, criminal, corporate perennial legal counsel.

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Relevant legal knowledge

How to identify it as fraud of lottery money

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The background and motivation of payment should be taken into consideration in the identification of bride price fraud. If it is to conceal the intention of marriage and cheat property, it may constitute fraud. We also need to review whether the use of betrothal gifts is legitimate, to avoid immorality or misappropriation. In addition, if the bride evades marriage or refuses to return property after getting the bride price, this may also point to fraud.
Do you need to refund the bride price less than half a year after marriage

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It depends. Under normal circumstances, divorce cannot demand the return of the betrothal gifts, but if the party concerned 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) the two 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.
Can we get back the betrothal gifts after two years of marriage

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It depends. Under normal circumstances, the bride price cannot be returned after divorce, but the bride price shall be returned if it is found that: (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 sub paragraph (2) (3) of the preceding paragraph shall be conditional on the divorce of both parties.
Can I get back the betrothal gifts after getting married less than half a year

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Under normal circumstances, the bride price cannot be returned after divorce, but if it is found that the following circumstances exist, the wife should withdraw the bride price: (1) Both parties have not gone through the 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 sub paragraph (2) (3) of the preceding paragraph shall be conditional on the divorce of both parties.