China's top court reaffirms ban on betrothal gifts

China's top court has reiterated the ban on demanding betrothal gifts or any form of property under the pretext of marriage, pledging firm judicial action to crack down on illegal practices, including marriage fraud.

In a landmark case made public by the Supreme People's Court on Friday, a man surnamed Zheng and a woman surnamed Wu registered their marriage on March 4, 2024, three days after they met during a matchmaking arrangement. On the registration day, Zheng paid Wu a betrothal gift of 200,000 yuan ($28,647) in cash and by bank transfer.

On March 6, 2024, the couple returned to Zheng's hometown. However, a week later, Wu left under the pretext of traveling. Despite Zheng's repeated attempts to urge her to return and live together, she refused each time for various reasons.

On April 15, Wu informed Zheng via WeChat, "We got married in haste after knowing each other for only a few days. In truth, we don't really understand each other and share no emotional foundation. I intend to divorce you."

As Wu refused to return the betrothal gifts, Zheng filed a lawsuit with a local court, seeking divorce and demanding the full refund of the 200,000 yuan.

After a trial, the local court ruled that the couple had only known each other for slightly over 10 days from their meeting to marriage registration and subsequent separation. Although they married, they had spent minimal time together, had no children, and had never engaged in meaningful emotional communication or established a genuine marital relationship. The local court, therefore, granted Zheng's request for divorce.

Meanwhile, as the couple had cohabited for only 10 days after marriage registration and Wu, after receiving the betrothal gift, had refused to live together without actually utilizing the funds, the court also ordered her to return the full sum of money to Zheng.

The top court cited this ruling, stating that based on the recipient's attitude and behavior toward the marriage, there existed the possibility of demanding property under the guise of marriage.

While calling on the public to consciously reject marriage fraud, allowing love and respect to form the foundation of intimate relationships, the top court has also required courts at all levels to better handle marriage cases involving betrothal gifts to promote family harmony and safeguard social stability.

Giving betrothal gifts, also known as bride price, is a traditional marriage custom in which the groom's family offers the bride's family an amount of money as a symbol of respect. It originated as a way of expressing good wishes for newlyweds.