Do you think the bride price should be returned in the event of a divorce?

4 I don't think there is any need to pay it back, since the bride price is given to the woman, it is the woman's, no one wants to divorce for no reason, if the bride price has to be repaid, then how do you plan to pay it back after the girl has followed you all these years of youth.

I don't think the bride price in a divorce needs to be returned, because you are married and have been living for a while, so these things are not necessary.

No, this bride price has already been given to ask for good fortune, and it seems too much to return it, and there is no need to pay the bride price because of divorce.

I don't think the bride price needs to be returned in a divorce. Because two people will have joint property after marriage, and these joint property should be divided.

No, you don't. The bride price at the time of marriage is given by the man to the woman. But the woman will also give most of the bride price as a dowry. The rest goes to his wife, and it also becomes the cost of living in the future. Therefore, there is no need to return the bride price.

No, you don't. The bride price is given when you get married, and you give it voluntarily at that time, and if you get divorced, it has nothing to do with it because of the two of you. Therefore, the bride price does not need to be returned after the divorce.

I don't think the bride price in the event of a divorce needs to be returned, because it is voluntary by one party, so if so, should the necessities needed in life also be returned?

No, you don't. They were still together before the divorce, they were joint property, and both parties would use it, so there was no need to worry too much about it after the divorce.

No, because since they are married, there will definitely be a certain amount of consumption between the two parties, and the woman will also pay a lot of affection and energy.

There is no need to return it, because the bride price is the start-up capital of a small family and belongs to the joint property of two people, so there is no need to return it.

Legal Analysis: If the person involved in the case requests the return of the bride price paid in accordance with customs, the people's court shall support it if it is ascertained to fall under the following circumstances: (1) the parties have not gone through the marriage registration formalities; (2) The parties have gone through marriage registration formalities but are not living together; (3) The premarital payment causes the payer to have difficulties in life.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

<> "Everyone knows that our country has a vast territory, and marriage customs vary greatly across the country. In addition to the different requirements for the bride price in different places, there will also be an unreasonable demand for the return of all the bride price because of the divorce of the woman.

1. Those who have not gone through the formalities of marriage registration and change.

If the two parties have not obtained a certificate but have lived together, they can ask for the return of the bride price, but it will be discounted, because the parties have lived together for a period of time, during which the bride price may be used for marriage or child-rearing or abortion, and there will be actual expenses, if there is evidence to prove that the bride price has been used for the husband and wife to live together, it should be deducted.

2. Going through marriage registration procedures but not living together.

If a man and a woman are married, but have lived together for a short period of time, the bride price should also be returned, as appropriate. If the woman receives a bride price of 48,000 yuan, and after marriage, they all go to work in other places, Lingqi has been separated for a long time, and the living time together is short, and there are no children, and the court rules that the woman should return the 24,000 yuan bride price as appropriate.

3. Giving a ruler before marriage leads to difficulties in life.

The so-called living difficulties do not refer to the situation where there is a huge difference in the life of the man before and after paying the bride price, but refers to the fact that the man's ability to rely on himself after paying the bride price is no longer able to maintain the basic living water in the local area, or it can be understood that the man has given the woman the bride price since then.

In addition, there are 4 blind spots in the bride price! If you're not paying attention, it's not your money.

l. Receive a bride price after marriage.

The reason for receiving the bride price first and then getting the certificate is very simple. However, there are still many people who don't think about it, and rush to get the certificate on the auspicious day, but after receiving the certificate, the wine is not placed. You must know that the bride price does not receive a lot until the woman who sits on the throne, and the bride price before or on the day of the wedding wine becomes the joint property of the husband and wife.

2. Who keeps the physical bride price?

For the woman, if she marries into the man's family, the gold and silver jewelry is sometimes kept in the man's house, and some gold and silver jewelry is kept by the man's mother. I have encountered that the man's mother took the gold away that night, as the name suggests, it was to keep it for them, and the woman was unhappy in the future, and asked to come back. At the time of divorce, the woman could not find these gold objects, so she could not ask for a division.

3. Bride price to buy a house.

In a previous case, the man transferred 200,000 yuan to the woman as a bride price, but the bride price rose sharply after the bride price was used to buy a house2. The woman could not prove that the court divided the house according to the proportion of the down payment. It can be seen that clarifying the nature and amount of the bride price in advance is a guarantee for both parties.

4. Borrowing money to pay the bride price becomes a common debt.

The man's family itself has limited financial means, but they do not hesitate to borrow money in order to marry. When the woman receives the lottery and becomes the direct beneficiary of the loan, it may be regarded as a joint life of the husband and wife, and eventually share the debt.

Legal analysis: It needs to be handled on a case-by-case basis. If the tenant goes through the marriage registration formalities but does not actually live together, the bride price can be returned, and the legal basis:

Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1) Article 5: Where a party requests the return of a bride price paid in accordance with custom, the people's court shall support it if it is ascertained to fall under the following circumstances:

1) The parties have not gone through the marriage registration formalities;

2) The parties have gone through marriage registration formalities but do not live together;

3) Giving auspicious signs before marriage and causing hardship to the payor.

The application of the provisions of items (2) and (3) of the preceding paragraph shall be based on the divorce of both parties.

1.If a marriage relationship is not concluded after the bride price is paid, the bride price shall be returned in principle; If they are married, in principle, the bride price will not be returned.

2.How does the court stipulate the bride price, the two parties can negotiate to deal with it, and if the negotiation fails, the court will make a judgment, China's law does not stipulate the bride price, but the bride price is a widespread social phenomenon.

3.If the bride price is obtained by one of the parties before the marriage is registered, it will belong to the individual at the time of divorce.

1. Can the bride price be returned after the divorce?

1. Engagement is a folk custom, which does not mean that the marriage registration that establishes the marriage relationship is legally recognized, so Article 1 mostly refers to the fact that the bride price was given at the time of engagement, and even the marriage ceremony was held, but the marriage certificate was not obtained at the Civil Affairs Bureau, and the bride price can be returned.

2. If the party who receives the bride price does not live with the other party, the bride price will not be consumed, that is, the party who pays only pays and does not benefit, so it should be returned.

3. If the premarital payment causes the payor to have difficulties in life, this standard is often difficult to determine. In the absence of clear and specific standards, adjudicators are often afraid to easily determine that they are living in difficulty. Another reason is that the person who can prove that "the payment of the bride price has caused difficulties in life" is often a stakeholder such as a relative, so the probative power is usually not high.

4. If you don't get a marriage certificate in the end, you can ask for a bride price; If a person has received a marriage certificate but has not divorced or has not yet determined that he or she really wants to divorce, he cannot claim a refund of all or part of the bride price, even if the family life of the original party has indeed been difficult because of this, then he or she cannot ask for a return.

2. Whether the bride price can be returned.

1. The main basis for determining whether the bride price is returned to the studio is whether the parties have entered into a marriage relationship. If a marriage relationship is not concluded after the bride price is paid, the bride price shall be returned in principle; If they are married, in principle, the bride price will not be returned (except for some special circumstances); Where a marriage ceremony is held in accordance with custom but no marriage certificate is obtained, the bride price shall not be returned in principle when the cohabitation is dissolved.

2. Generally speaking, the payment of the bride price is often forced by local pressure and social pressure to give, and the payment is completely voluntary and without any additional conditions is a general gift, and if there are no special provisions, the request for the return of the bride price is usually not supported.

3. If, after the bride price is paid, during the existence of the marital relationship, the payer requests the return of the payment, it will not be supported, because at this time the husband and wife are still a community and follow the legal property sharing system of the husband and wife. If the parties submit the request at the same time as the divorce proceedings, and the court grants the divorce, it may decide whether to support the request for the return of the bride price according to the circumstances; Where a judgment does not grant a divorce, the parties' request for the return of the bride price cannot be supported.

4. After the two parties register their marriage, if they have not lived together, there will be no experience of helping each other and living together between husband and wife.