If the man wants to withdraw from the marriage, what will happen to the money for the dowry

I don't know why I want to get out of the marriage?

According to common sense, the man proposed to withdraw from the marriage and break the contract first. It is difficult for the man to get the bride price back, and the woman is definitely not happy to return it. The man has no reason to ask for it, and the woman has no reason to pay it back.

Happy landlord!

In the law, the bride price for breaking up without a marriage certificate should be returned, and it has nothing to do with who proposes to withdraw from the marriage.

According to the first paragraph of Article 10 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China, if a party requests the return of the bride price paid in accordance with custom, the people's court shall support it if it is ascertained that the following circumstances apply: (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) Payments made before marriage and causing hardship to the payor.

Therefore, if one party requests the return of the bride price without completing the marriage registration formalities between the man and the woman, the party receiving the bride price shall return it.

Where one party withdraws from the marriage, if the parties have broken up before the marriage has been registered, and the parties request the return of the bride price paid in accordance with custom, the people's court shall support it.

Circumstances in which the people's courts shall support it.

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

2. The two parties have gone through the marriage registration formalities but do not live together;

3. The payment is made before marriage and causes the payor to have difficulties in life.

2. Circumstances in which the bride price is not returned.

1. Those who have registered for marriage and are living together. In this case, it is generally not returned, and even if the bride price is paid and causes hardship to the payer, it cannot be returned even if there is a divorce.

2. The man and woman have lived together unmarried for more than two years. The man and the woman have lived together for more than two years without registering their marriage. In this case, it is determined that it will not be returned, and the main reasons are:

First of all, in the vast rural areas of the country, the holding of marriage ceremonies and living together has always been regarded as a sign of marriage between men and women. Once the parties get married, they become a family, and the marriage contract naturally transitions to the marriage stage, and the purpose of the marriage contract, including the purpose of paying the bride price, has been realized. According to custom, in such cases, the bride price is generally not returned;

3. A man and a woman cohabit together and give birth to children out of wedlock. Although a man and a woman live together without going through the marriage registration formalities, the "marital" life of both parties is stronger because of the birth of children, and they can become a veritable family because of the birth of children.

4. The man and woman live together unmarried, and the bride price has indeed been used to live together. On the one hand, the bride price received has been spent in common life, and the object of its rights no longer exists, and it cannot be returned; On the other hand, the bride price, which is used for living together, is in fact mixed with the joint property of the "husband and wife" and should not be returned.

Legal basis

Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China (1).

Article 5: Where parties request the return of the bride price paid in accordance with custom, if it is ascertained that the following circumstances apply, the People's Law Luhong Court shall support it:

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) Where premarital payments are made and cause hardship to the payer, the provisions of items 2 and 3 of the preceding paragraph shall apply, and the divorce of both parties shall be a condition.

Legal analysis: The two parties can negotiate whether to return the resistance, and if the negotiation fails, a lawsuit can be filed. In accordance with the relevant laws and regulations, the decision on whether or not to return the bride price is based on whether the parties have entered into a marriage relationship.

If the bride price is not concluded after the bride price is paid, the bride price shall be returned in principle, and if the bride price is already married, the bride price shall not be returned in principle (except for some special circumstances).

Legal basis: "Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China" 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 that it falls 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) Premarital payments that cause hardship to the payor.

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