Legal issues regarding requests for the return of the bride price without a registered marriage but living together

Author | Wang Hongting Lawyer

Previously, the author discussed the legal provisions under which circumstances the return of the bride price can be requested from the other party. Today, in combination with the case, I will share in depth the legal issues regarding the return of the bride price in the case of unregistered marriage but living together or even having children born out of wedlock.

First, case introduction

1

In August 2012, 18-year-old woman Wang met 19-year-old Zhang. The two began dating and falling in love, during which Zhang paid Wang 49,600 yuan as a bride price. After more than two years of communication, in December 2014, the two held a wedding according to rural customs and began to live together, but they have not yet registered for marriage.

After the two lived together for a year, their daughter was born out of wedlock. After the daughter was born, Zhang went out to work. However, as time went by, the two separated from the two places lacked emotional communication, and their feelings fissioned. The two blamed each other and quarreled endlessly. The plaintiff Zhang sued Wang in court, demanding that he terminate the cohabitation relationship with Wang and return the bride price.

The court held that the original and the defendant held a marriage ceremony and lived together without going through the marriage registration procedures, and the plaintiff's request for the defendant to return the bride price was not contrary to the law. However, in view of the fact that the original and the defendant have lived together for a long time and the illegitimate daughter has reached the age of 3, the defendant claimed that part of the bride price was used to buy furniture, part of it has been given to the plaintiff, and the remaining part has been subsidized for household use. The plaintiff also has no evidence to prove that there is still the remaining bride price in the defendant's place. Therefore, the court will not support the plaintiff's request.

2

At the beginning of 2006, Zhang and Zhao engaged, he gave Zhao a gift of 30,000 yuan. At the end of 2007, the two held a wedding according to custom, but did not handle the marriage registration to live together. After that, Zhang gave Zhao a bank card with 30,000 yuan, and withdraw 20,000 yuan to repay the debt owed by the engagement, and withdraw 10,000 yuan for living expenses. Soon, the two sides had a son. In early 2008, the two people dissolved the cohabitation relationship due to contradictions. Zhang sued Zhao and asked her to return 60,0

00yuan.

The court held that the two held an engagement ceremony, should be a marriage contract. Zhang gave Zhao 30,000 yuan, the purpose is to increase the stability of the marriage contract, in line with the nature of the bride price. The parties who have not registered their marriage according to law request the return of the bride price, the court should support. In view of the fact that the two have not registered their marriage, but live in the name of husband and wife. Since living together, they have given birth to a child out of wedlock. And when the engagement Zhang gave Zhao more bride price, so Zhao appropriately returned 15,000 yuan is more appropriate. Zhang gave Zhao a bank card of 30,000 yuan after the wedding. Because Zhang took it out and used it by himself, Zhang's request for the return of the later sum of money was not supported by the court.

II. Case focus

The two parties have not registered marriage but have lived together or even had children born out of wedlock, which involves whether the bride price can be returned and the proportion of return? The key to adjudication in such cases lies in how to accurately understand the conditions for returning the bride price.

III. Interpretation of the controversy

First, there are three situations in which the law stipulates that the bride price should be returned

Bride price refers to the payment of gifts or valuable property by one party or his family members to the other party for the purpose of marriage, in accordance with local customs and habits. According to 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): "If the party requests the return of the bride price paid according to customs, if it is found that the following circumstances are found, the people's court shall support it: (1) Both parties have not gone through the formalities for marriage registration; (2) Both parties have gone through the formalities for marriage registration but have not lived together; (3) The payment was made before marriage and caused the payer's living difficulties.

The application of the provisions of Items 2 and 3 of the preceding paragraph shall be conditional on the divorce of both parties. "The circumstances in which the bride price should be returned include unregistered marriage, or marriage but not living together, or living difficulties caused by the payment of the bride price. In judicial practice, if a marriage relationship has not been formed, the court generally supports the return of the bride price as the main judicial direction.

2. Whether the bride price should be returned if the marriage is not registered but they have lived together

According to Article 5, Paragraph 1 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) ", the failure of both parties to register their marriage is a situation in which the bride price should be returned. However, it can be seen from the above two cases that although the two parties have not registered their marriage, they have actually lived together and have lived together for a long time, and the bride price has been used by the two people for common life. At this time, when the two parties break up due to emotional breakdown, if they simply ask the woman to return the bride price on the grounds of "not registering the marriage", it shows fairness.

In life, during the process of marriage, the two parties often live together and therefore spend the necessary consumption, or although the two parties do not live together, they may have purchased daily necessities or paid the necessary expenses during the preparation of the wedding, etc. All kinds of different situations will lead to the court's inability to simply divide and determine the bride price. Therefore, the court usually determines whether the bride price should be returned and the proportion of the return according to the time the two parties live together, the actual use of the bride price during the period of common residence, the amount of the bride price, the use of the bride price, whether to have children, and combined with local customs, economic level and other factors Whether the bride price is returned and the proportion of return.

III. Distinguish between the bride price and the gift during love

Both men and women will always give each other small gifts as a way to express their feelings during the relationship, especially on special days such as birthdays, 520, Qixi Festival, and Valentine's Day. The payer transfers money with special meaning numbers (such as 1314, etc.) to the other party, which is generally recognized as a gift during the relationship. Such payments are different in nature from betrothal gifts. If the payer requires the recipient to return them together with the betrothal gift, the court will not support it.

IV. Practical recommendations

The author has dealt with many cases advocating the return of the bride price, but as mentioned above, even if the law stipulates that the bride price should be returned, the court will comprehensively consider whether to return it and the proportion of the return in combination with other relevant factors. Sometimes because the bride price is paid in cash (some local customs), it is impossible to provide evidence to prove the amount of the bride price, so the court does not support the request for the return of the bride price.

Therefore, the author suggests that the payer should transfer the dowry to the other party or the other party's family members when paying the dowry, and note clearly the nature of the payment, and clarify the nature and amount of the dowry in advance, which is a guarantee for both parties. If the dowry is used for common life or other necessary support and consumption after receiving the dowry, relevant vouchers and records should be kept to avoid difficulties in proving the purpose of the payment in the event of disputes in the future.

V. Legal provisions

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) states that if a person requests the return of the bride price paid according to custom, if it is found that the following circumstances are found, the people's court shall support it:

(1) Both parties have not gone through the marriage registration procedures;

(2) Both parties have gone through marriage registration procedures but have not lived together.

(3) Payment before marriage and causing difficulties for the payer. The application of the provisions of Items 2 and 3 of the preceding paragraph shall be conditional on the divorce of both parties.

Lawyer Profile

Wang Hongting Lawyer

Guangdong

, a full-time lawyer

Secretary General of Marriage and Family Department, Zhiheng Marriage, Family Affairs and Wealth Inheritance Law Center

Contributor of Shenzhen Lawyers Association

Areas of expertise:

Marriage wealth, corporate governance

Civil and commercial affairs, labor disputes,

Infringement, bankruptcy liquidation

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