After less than half a year of marriage, does the woman file for divorce and return the bride price?

Legal analysis

In principle, the woman does not need to return the bride price if she files for divorce after half a year of marriage, but if there are any of the following circumstances, the woman needs to return the bride price: the two parties have not gone through the marriage registration procedures, that is, they are not married. The parties did not live together after completing the marriage registration formalities.

The payment of a bride price before marriage causes hardship to the payor. Hardship should refer to absolute hardship, not relative hardship, i.e., the payment of the bride price has resulted in the person being unable to maintain the most basic standard of living in the local area by his or her own strength. The above situation is premised on divorce.

The bride price must be returned, and the bride price must be based on local customs and given for the purpose of marriage, and it does not need to be returned without these properties.

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 1077:Within 30 days of the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority. Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.

Article 1078:Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property, and debt disposition, they shall register and issue a divorce certificate.

Legal analysis: 1. If the marriage has been registered, the bride price generally does not need to be returned after the divorce. 2. If the man's life is difficult because of the man's dowry.

After the divorce, the husband has the right to demand restitution. 3. If the parties have been married for a short time and have not actually lived together. After the divorce, the husband also has the right to demand restitution.

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 that the following circumstances apply: (1) the 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.

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

Legal analysis: The main basis for deciding whether to return the bride price 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, and the people's courts will support the return of the bride price in the following circumstances:

1. The parties have not gone through the marriage registration procedures, that is, they are not married;

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

3. The bride price is paid before marriage and causes the payer to have difficulties in life. "Hardship" should refer to absolute hardship, not relative hardship, i.e., the payment of the bride price has resulted in the fact that the person is unable to maintain the most basic standard of living in the local area by his own strength. The second and third situations mentioned above are premised on divorce.

Legal basis: "Supreme People's Court Interpretation (1) on the Application of the Marriage and Family Section" 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 the marriage registration formalities but do not live together;

(3) Premarital payments that cause hardship to the payor.

The provisions of items 2 and 3 of the preceding paragraph shall apply, and the divorce of both parties shall be a condition.