Does the woman need to return the bride price when she files for divorce?

Hello, generally there is no need to return, but if there is: after marriage but not actually living together, or the payment of bride price before marriage causes difficulties in the family life of the man and woman, it may involve the issue of return. Whether or not to return is not directly related to which party files a lawsuit for divorce.

Our law stipulates the return of three kinds of bride price: 1The parties have not gone through the marriage registration formalities; 2.The parties have gone through the marriage registration formalities but do not live together; 3.Premarital payments that cause hardship to the payor. Divorce should be premised on divorce in 2 and 3.

You describe that after you get married, you now need to get a divorce, then only if you have no actual living or the benefits cause the man's life to be difficult, they should be returned, and in other cases, they will not be returned after the payment.

Hope mine is helpful to you.

Relevant legal provisions] 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 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.

In the following cases, the woman is required to return the bride price to the husband at the time of divorce. Where 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 to be in the following circumstances:

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

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

3) Payments made before marriage 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.

Legal basis:Article 1087 of the Civil CodeIn the event of a 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.

Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II).Where 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 to be in the following circumstances:

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

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

3) Payments made before marriage 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.

There is no necessary connection between the woman's filing for divorce and whether the bride price needs to be returned. Regardless of who files for divorce, the marriage law protects their legitimate interests. China's marriage law clearly stipulates that the bride price can only be returned if the following three conditions are met:

Clause.

1. The parties have not yet registered their marriage;

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2. Although the parties have registered their marriage, they have not lived together. Then the bride price money can be recovered in the event of divorce;

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3. If one party has difficulties in the life of one party because of the payment of the bride price before the marriage registration, the bride price can be recovered at the time of divorce.

Legal basis: Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II) stipulates that 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 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.

According to Article 1049 of the Civil Code, as long as the marriage certificate is obtained and the person lives together, the bride price cannot be returned.

Interpretation 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 bride price paid in accordance with custom, the people's courts shall support it if it is ascertained that the following circumstances apply: Our country's law provides that both men and women have the freedom to marry, including the freedom to marry and the freedom to divorce. There are two legal ways of divorce in our country:

One is that the husband and wife shall reach an agreement through consultation and go through the divorce registration agreement with the civil affairs department; One is to divorce in court by way of litigation. If the parties cannot reach an agreement to register the divorce, then they can only sue for divorce in court.

1) If the marriage formalities have been completed and the bride price is not returned, the property acquired after the marriage belongs to the joint property of the husband and wife and shall be divided equally. If the vehicle was purchased before the marriage, it is personal property. It is recommended that the husband and wife negotiate the matter, and if the negotiation fails, they can sue for divorce.

2) The issue of custody: children under the age of two are with their mothers in principle; Between the ages of two and ten years, the principle of medical care, education and healthy growth of the child in the future will be comprehensively determined; For children over the age of 10, it mainly depends on the child's wishes. Techniques for effectively fighting for child custody in judicial practice can be interviewed in person.

The non-child-raising spouse is required to pay maintenance to the other parent, which is 20%-30% of the income of the non-child-raising parent, and the payment method is more than monthly. The parent who does not support the child is not exempted from the normal and reasonable large expenses of the child in the future because of the payment of child support.

Article 5 of the 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): It is stipulated that 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 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) Payments made before marriage that cause hardship to the payor.

According to Article 1049 of the Civil Code, as long as the marriage certificate is obtained and the person lives together, the bride price cannot be returned.

If the marriage formalities have been completed and the bride price is not returned, the property acquired after marriage belongs to the joint property of the husband and wife and shall be divided equally. It is recommended that the husband and wife negotiate the matter, and if the negotiation fails, they can sue for divorce.

Data Extensions

Bride price is one of the ancient Chinese wedding customs, also known as betrothal gifts, dowry gifts, dowry gifts, etc. In the old days of marriage in China, there was a custom of giving each other a bride price and a bride price when the marriage agreement was initially reached, and this kind of bride price and bride price was commonly known as "bride price". For a period of time after the founding of the People's Republic of China, the bride price and the engagement and marriage contract related to the bride price were criticized and once abolished, but they have always existed tenaciously among the people.

Circumstances in which the bride price should be returned

Article 5 of the 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): It is stipulated that 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 it falls under the following circumstances:

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

3) Payments made before marriage that cause hardship to the payor.

[Legal Analysis].If both parties are married and live together, and the payment of the bride price does not cause hardship, it is generally not necessary to return the bride price. There are three legal conditions under which the bride price can be returned:

1. Both parties have not received a marriage certificate; 2. Although both parties have obtained a marriage certificate, they have not lived together; 3. One party has difficulties in life due to the payment of the bride price. If the above three circumstances are met, it is possible to obtain the support of the court when claiming the return of the bride price.

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 office. 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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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 or family limit 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.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

The woman filing for divorce generally does not need to return the bride price, but if there are special circumstances prescribed by law, the man may request a refund of the bride price.

Where parties request 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 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.

The woman is generally not required to return the bride price when filing for divorce, but if there are special circumstances prescribed by law, the man may request a refund of the bride price.

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) Payments made before marriage 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.