Can You Get The Bride Price Back?

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Story 80: Marriage Law

Johan is an English teacher from New Zealand and teaches at ChongQing. After teaching in ChongQing for 5 years, he fell in love with a pretty woman named Julia. 

According to local customs, Johan had to pay 100,000 RMB to Julia's parents as bride price in order to marry Julia. Julia's parents, after receiving the money, agreed to their marriage but refused to let Julia live with Johan.

Johan was furious as they were already husband and wife, and he also had maritial obligations to fulfill. His parents were waiting for him to bring his wife and baby son home to New Zealand as well. Moreover, Johan's parents believed that New Zealand was a better place to give birth as the healthcare system and wealthfare benefits were better. They also wanted their grandson/granddaughter to have a New Zealand passport.

Julia's parents did not want Julia to go to New Zealand as that would mean that they would not be able to see their precious daughter for a long period.

After quarreling for a month and not getting to a compromise, Johan decided that it was time for a divorce. Julia's parents agreed, but on the circumstances that they would not return the bride price. After all, they believed that the two were already married and they had already accepted the gift.

Can Johan get the 100,000 back?

Law In A Minute

Yes, Johan may request Julia's parents to return the bride price if they get divorced.

Marriage law stipulates that there are 3 conditions where the husband/groom may ask for return of the bride price, which are 1. the parties have not registered their marriage yet, 2. the parties have registered their marriage but do not live together, 3. the bride price causes the paying party to be unable to sustain normal living conditions.

Note that the last two conditions are based on the fact that they must get divorced.

Moreover, one thing to note is that a foreigner is unable to marry another foreigner in China since 29th March, 2019. Before that date, it was possible. Now, you have to get married either in your home country, or your wife's home country, or a country/city that allows marriage of foreigners. Hong Kong is now a popular place for such marriage.

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Legal Basis

Interpretation Of Marriage Law II

Article 10

If a party requests the return of a gift paid in accordance with local customs, the people's court shall support it if it is found to be in the following circumstances:

(1) If the parties fail to go through the marriage registration procedures;

(2) The two parties go through the marriage registration procedures but do not live together;

(iii) Premarital payments cause difficulties in life of the payer.

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

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