Can the bride price be refunded if you divorce after half a year of marriage?

Although the divorce decision is made in such a short period of time, it must be an irreconcilable contradiction between each other, but the bride price, as a part of the wedding, has become an established fact at the end of the wedding, and will not be affected by the subsequent marital status and need to be returned.

It is undeniable that the bride price paid for marriage is not a small amount, as little as hundreds of thousands or hundreds of thousands of cases abound, and the marriage is dissolved in half a year, which is undoubtedly unacceptable to the man who pays this large amount of gift money, but the fact is sometimes so cruel that it cannot be changed because of unilateral will, so when the idea of divorce arises, as a party, it should still find a way to solve the problem while maintaining a rational mentality to avoid suffering huge economic losses.

Of course, if sufficient evidence can be provided to prove that the woman has taken advantage of marital fraud, the bride price can be recovered in the form of legal proceedings, but in actual married life, similar evidence materials are often difficult to find, even if the man has doubts about the practice of divorce in half a year, but it will not be recognized in the case of difficulty in providing evidence, and in this case, it is still impossible to return the bride price money, not to mention that in the vast majority of divorce cases, it is difficult to prove that the woman has fraud.

As a reference, it can be found that it is not easy to maintain a marriage, and it is inevitable that there will be disagreements and even quarrels between husband and wife, but in the absence of principled differences, both parties should try to empathize, so as to avoid the sudden breakdown of the relationship between husband and wife to out of control, because divorce in just half a year is not only blasphemous and hurtful to the feelings, but also will make the man lose a valuable wedding bride price.

If the marriage has already been registered, the bride price generally does not need to be returned after the divorce. However, if the parties have been married for a short period of time and have not actually lived together. After the divorce, the husband also has the right to demand restitution.

In addition, if the man's life is difficult because of the man's dowry. After the divorce, the husband can ask for restitution.

Legal basis: Interpretation (1) 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 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.

If a man and a woman divorce within half a year of marriage, whether the bride price received by the woman's family before the marriage should be refunded should be analyzed and judged in combination with the following aspects.

First of all, the Civil Code stipulates that the bride price of marriage cannot be divided, and the bride price should belong to the woman's personal property, and the bride price should only be returned under statutory circumstances, for example, the man and the woman have not received a marriage certificate and have not lived together. According to Article 5 of the Interpretation (1) on the Application of the Marriage and Family Section of the Civil Code, if the parties request the return and payment of the bride price in accordance with custom, if it is ascertained that the following circumstances apply, it shall be supported, firstly, the parties have not gone through the marriage registration formalities, secondly, the parties have gone through the marriage registration formalities, but they have not lived together, and there is also the provision of paragraphs 2 and 3 that is paid before marriage and causes the payer to have difficulties in life, and the provisions of paragraphs 2 and 3 shall be subject to the divorce of both parties. If the fact of marriage is formed, even if the divorce is divorced after half a year, the divorce bride price does not need to be returned.

But if the divorce is filed for your own reasons, and you have a certain amount of guilt towards the man, then in this case, it is understandable to return the divorce bride price to the other party, because on the one hand, it will make your heart more calm and down-to-earth, and it will also make the man's psychology relatively balanced, so that the two people will not be too embarrassed if they meet again in the future.

Legal analysis: There are strict provisions on the return of the bride price, which can be roughly divided into the following three situations: 1. If you are only engaged and not married, then if the marriage contract is dissolved, the bride price will be returned to the man, and no matter who proposes to dissolve the marriage contract, it will be returned in full.

2. If the marriage time is not more than one year, and the two parties divorce, part of the bride price can be returned, and the return ratio is inconsistent with the local courts. It depends. 3. If the marriage has been more than one year, the bride price cannot be returned in accordance with the law at the time of divorce.

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.

has been married for half a year, which proves that the woman has kept her promise and fulfilled the marriage contract, and the role of this colorful ascension gift has been completed.

At this time, if the man cannot prove that the woman intends to cheat on the marriage, but asks the woman to return the bride price to you, can you return the woman's appearance half a year ago?

If you get married for less than half a year and get divorced, the bride price can still be returned if there are any of the following circumstances:

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

2.If the husband goes through the marriage registration formalities but does not live together, the husband can claim the return of the bride price after the divorce;

3.If the payment is made before the marriage and causes the payor to live in difficulty, the husband may claim the return of the bride price after the divorce.

Legal basis] The Supreme People's Court on the application of the Civil Code of the People's Republic of China

Article 5 of the Interpretation (1) of the Marriage and Family Section, 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 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) Premarital payments that cause hardship to the payor.

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