Traditional Culture Encyclopedia - Lucky day inquiry - Married for 3 years without children, should I return the bride price after divorce?
Married for 3 years without children, should I return the bride price after divorce?
1. Once you get a marriage certificate, the bride price can't be refunded, regardless of whether there is emotional breakdown in the marriage or whether there are children;
2. Only those who have not gone through the marriage registration formalities or have gone through the registration formalities but have not lived together and have financial difficulties due to the payment of the bride price can return the divorce;
The difference between bride price and dowry:
1, the difference in form: the bride price is the bride price given by the man to the woman when engaged; Determine the wedding time, the man chooses an auspicious day to get married, and hold a wedding ceremony at the woman's house after marrying the bride; The bride price is the property given to the woman by the man in order to establish the relationship between husband and wife and live together according to Chinese traditional customs.
2. The difference in nature: the bride price is a gift, but it is not a general free gift, but a gift with obligations at the expense of "marriage and cohabitation"; If the marriage fails and the gift loses its legal effect, the bride price should be returned to the donor; If there are reasonable expenses from the bride price before marriage, such as spending part of the bride price on wedding preparations, this situation should be returned as appropriate.
To sum up, if you are married without children and divorced, the bride price is generally not refundable, but if you have not applied for a marriage certificate, or have applied for a marriage certificate without cohabitation, the bride price can be refunded. If the conditions prescribed by law are met, the bride price may be returned.
Legal basis:
Article 1062 of the Civil Code of People's Republic of China (PRC)
The following property acquired by the husband and wife during the marriage relationship is the common property of the husband and wife and belongs to the husband and wife:
1, salary, bonus and labor remuneration;
2. Income from production, operation and investment;
3. Intellectual property income;
4. Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law;
5. Other property that should be owned by * * *.
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