How to divide the bride price and dowry during a divorce is a concern for many people. According to the "Civil Code" and judicial practice, they are not returned or divided equally in general, but are judged primarily based on the date of marriage registration, the purpose of payment, and the nature of the property, with clear and understandable rules.

Betrothal gifts are generally property paid by the groom to the bride for the purpose of marriage, which, in principle, belong to the personal property of the bride and do not need to be returned upon divorce; however, if the marriage has been registered and the couple has lived together for a short period of time, and the amount of the betrothal gift is excessive, the court may consider returning it. Apart from this, there are only three statutory situations in which the court will support the return: the couple has not registered for marriage; they have registered for marriage but have not lived together; and the pre-marital payment has caused the payer to live in difficulty. In the latter two cases, divorce is the prerequisite, and the specific return ratio will be determined on a case-by-case basis according to the length of time lived together, whether there are children, and the nature of the fault, etc., and is not a full refund.

The dowry is usually the property gifted by the bride's family to the daughter before or after marriage, and its ownership depends on the time of delivery. Dowry given before marriage is considered the personal property of the bride before marriage and belongs directly to her upon divorce. If given after marriage, unless there is evidence such as written agreements, bank transfer notes, etc., proving that the gift is exclusively to the bride, it will be deemed as the joint property of the couple and divided according to law upon divorce; if there is evidence proving that it belongs exclusively to the bride, it still remains personal property and is not subject to division.

Common misconceptions in practice include identifying common living expenses and daily consumption as dowry for return, or forcibly regarding jointly used dowry after marriage as personal property. The court generally makes a comprehensive judgment based on invoices, bank transfer records, witness testimony, local customs, etc., with the principle of fairness and reasonableness.

In simple terms: The principle is that the bride price is not returned, and it is only returned in accordance with the law and under specific new regulations; the dowry given before marriage belongs to the individual, and the dowry given after marriage depends on whether there is clear evidence of separate gift. By distinguishing the time and nature, it can avoid unnecessary disputes over the bride price and dowry during divorce.