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This kind of bride-price and betrothal gifts are commonly known as "betrothal gifts".The bride price is an attitude of respect shown by the man sincerely seeking to marry the woman.However, in recent years, the phenomenon of "sky-high price betrothal gifts" has emerged one after another, which has gradually changed the custom of betrothal gifts and even evolved into a trend of unfair comparison.The sky-high price of betrothal gifts is prohibitive, preventing many lovers from getting married, and some families are even in debt.The Civil Code of the People's Republic of China was officially implemented in 2021, which clearly stipulates that no one may use marriage as a way to make money.The payment of bride price must be based on the actual situation of the family and must be based on the principle of voluntariness.But at the same time, in real life, many people give bride price and betrothal gift to the other party when the marriage agreement is initially reached. However, once the marriage is regretted or divorced, the ownership of the betrothal gift often leads to various conflicts and disputes.So, under what circumstances can I ask for the return of the bride price?Can I still ask for the return of the bride price after I get married?Judgment SummaryBetrothal gift refers to the gift and valuable property paid by one party or his family members to the other party for the purpose of marriage and in accordance with local customs.Perishable daily necessities given by both men and women voluntarily to express their feelings during the relationship, gifts of small value, and consumer expenditures for favors during festivals and other festivals should generally be regarded as gifts. If the giver requests return, it will not be supported.If both parties have registered their marriage but have not lived together, and upon divorce, if one party requests the other party to return the bride price, the bride price shall be returned in full.Basic facts of the caseIn September 2018, Du and Chen met through the introduction of others and registered their marriage on September 10, 2019.The parties have no children, no wedding, and no cohabitation.On June 28, 2020, Du Moumou filed a divorce lawsuit with this court.This court issued the (2020) Lu 0891 Minchu XXX Civil Judgment on July 20, 2020, ruling that Du Moumou and Chen Moumou are not allowed to divorce.Now Du Moumou filed a lawsuit with this court for divorce on the grounds that her relationship with Chen Moumou had broken down, and requested the return of the bride price of 102,400 yuan.It was also found that in accordance with local rural customs, Du gave Chen a 36,800 yuan betrothal gift before marriage, and spent 20,200 yuan to buy a set of "three golds" (one gold bracelet, one gold necklace, and one gold ring) for Chen.Results of the Judgment1. The plaintiff Du Moumou and the defendant Chen Moumou are allowed to divorce; 2. The defendant Chen Moumou shall return the bride price to the plaintiff Du Moumou within ten days from the date of this judgment taking effect36800 yuan;3. The defendant Chen Moumou shall return the three pieces of gold (gold bracelet, gold ring, and gold necklace) to the plaintiff Du Moumou within ten days from the date of this judgment. If the return cannot be made, the purchase price of the three pieces of gold, 20,200 yuan, will be refunded.Court HearingThe relationship between husband and wife is the basis for the survival of the relationship between husband and wife. The fact that the relationship between husband and wife has broken down is the legal condition for a divorce.Plaintiff Du Moumou and defendant Chen Moumou had a relatively average marriage foundation and relationship after marriage. Du Moumou advocated for divorce. After the court ruled against divorce, he sued for divorce for the second time. After mediation was ineffective, it should be determined that the relationship between the couple has indeed broken down, and Du Moumou's divorce request should be supported.Regarding the return of the betrothal gift, Du asked Chen to return the betrothal gift and the three gold gifts totaling 102,400 yuan. Chen argued that he only received the three gold gifts and the betrothal gift of 36,800 yuan.The court held that the betrothal gift and the three gold items (gold bracelets, gold rings, and gold necklaces) were all local customs for marriage and engagement, and the purpose of payment was for both parties to get married and live together. Since the relationship between the two parties broke down and led to divorce, and they did not live together or hold a wedding, supporting the return was more appropriate and in line with the principles of public order and good customs. Therefore, it supported Du Moumou's request that Chen Moumou return the betrothal gift of 36,800 yuan and the three gold items.The meeting gifts, boxing gifts, wedding wine money for Chen's nephew, etc. that Du asked Chen to return were money that Du voluntarily paid to Chen or Chen's elders during the relationship or after the wedding, which cannot be regarded as betrothal gifts. Du also has no evidence to prove that the above money has been actually paid, so Chen should not return this part of the property.Relevant legal provisionsArticle 1042, paragraph 1, of the Civil Code stipulates: Arranged marriages, purchased marriages and other acts that interfere with the freedom of marriage are prohibited.It is forbidden to ask for property through marriage.Article 5 of the "Interpretation of the Supreme People's Court on the Application of Marriage and Family Section (1)" stipulates: If a party requests the return of a betrothal gift paid in accordance with customs, if it is found that it belongs to the following circumstances, the people's court shall support it: (1) The parties have not completed the marriage registration procedures; (2) The parties have completed the marriage registration procedures but have not lived together; (3) The payment was made before marriage and caused difficulties in the life of the payer.The application of the provisions of the second and third items of the preceding paragraph shall be conditional on the divorce of both parties.