Xiaofang and Dalin began to prepare for the wedding after the marriage registration, Dalin gave Xiaofang 500,000 as a bride price, and in less than three months, the two had conflicts due to the preparation of the wedding banquet and other matters, and divorced by agreement. Should Xiaofang return the bride price after the divorce?
- should be returned as appropriate
Article 5, Paragraph 1 of the "Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Bride Prices" Where both parties have registered their marriage and live together, and at the time of divorce one party requests the return of the bride price paid in accordance with custom, the people's court will generally not support it. However, if the period of living together is relatively short and the amount of the bride price is too high, the people's court may, on the basis of the actual use of the bride price and the dowry, comprehensively consider facts such as the amount of the bride price, the circumstances of living together and the circumstances of pregnancy, and the fault of both parties, and combine local customs, to determine whether to return the bride price and the specific proportion of the return.
This article does not stipulate the time spent living together, but rather guides the judge to make a comprehensive determination based on the specific circumstances of each case. In this case, if the parties have lived together for less than three months, it is not appropriate to determine that they are living together, and the amount of the bride price is relatively high, if there is evidence to prove that the bride price has been used to purchase a banquet or has been consumed in a common life, the corresponding amount should be deducted at the time of return, that is, the remaining part should be returned and the part of the other party's income should be deducted.
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Broadcast Production: Guo Lan
Article source: Original Jilin News Comprehensive Broadcasting
Editors: Guo Lan, Wang Haoyi
Review: Hao Zili
Producer: Zhao Min, Zhong Xiao
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