Question 1: The man and the woman have entered into an engagement, and the man has given the bride price to the woman. After the woman contracted COVID-19, can the man repent and ask for the return of the bride price?

A: Engagement is different from marriage registration. In nature, engagement is not a civil legal act, but a civil factual act. Due to the identity significance of the marriage agreement, the law cannot compel the parties to perform. "Although it is contrary to ethical norms for the man to repent of marriage, according to Article 1046 of the Civil Code, the man has the right to decide whether to continue to fulfill the marriage agreement.". Regarding the return of betrothal gifts, specific issues should be analyzed in accordance with Article 5 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Code of the Civil Code of the People's Republic of China (I). If both parties have not gone through marriage registration procedures and have not lived together, the bride price should be returned; However, if there is a common life, the tendentious view is that it is necessary to comprehensively consider factors such as the time spent by both parties living together, the amount of the bride price, the destination of the bride price, and local customs, and return it as appropriate.

Article 1046 of the Civil Code states that marriage should be of the complete free will of both men and women. It is prohibited for either party to compel the other party, and it is prohibited for any organization or individual to interfere.

Article 5 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Code of the Civil Code of the People's Republic of China (1): If a party requests the return of a customary betrothal gift, the people's court shall support it if it is found that the following circumstances have occurred: (1) Both parties have not gone through the marriage registration procedures

 （2） Both parties have gone through marriage registration procedures but have not actually lived together; （3） Premarital payments can lead to difficulties for the payer. The application of the provisions of the second and third paragraphs of the preceding paragraph shall be conditional on the divorce of both parties.

Question 2: Due to epidemic control, both men and women failed to go through marriage registration procedures, but have cohabited. What should they do if disputes arise during this period?
Answer: According to Article 1049 of the Civil Code, only when both men and women have completed marriage registration procedures with the civil affairs department can they establish a legal and effective marital relationship. "If a person fails to go through marriage registration procedures due to epidemic control, even if they live together in the name of a husband and wife during the epidemic control period, it is not a legal relationship. Disputes arising during cohabitation should be handled as labor disputes.".

Article 1049 of the Civil Code requires that both men and women who marry should apply for marriage registration in person at the marriage registration authority. Those who comply with the provisions of this Law shall be registered and issued a marriage certificate. Upon completion of marriage registration, the marriage relationship is established. "If the marriage registration has not been completed, it shall be completed.".

Question 3: If one of the couple is infected with COVID-19, can the other party sue for divorce on this ground?

A: Freedom of marriage, including freedom of divorce. Freedom of divorce is a legal civil right. Although the law does not stipulate that one party is ill, the other party cannot sue for divorce. However, according to Article 1059 of the Civil Code, couples have the obligation to support each other. If the purpose of prosecuting the divorced party is to evade the statutory maintenance obligation, the court is likely to dismiss its claim based on the merits of the case.

Article 1059 of the Civil Code stipulates that spouses have the obligation to support each other. "The party in need of maintenance has the right to demand payment of maintenance fees when the other party fails to perform its maintenance obligations.".

Question 4: If one of the husband and wife is forcibly isolated due to COVID-19 infection, can the period of isolation be considered as the period of separation?

A: According to Article 1079 of the Civil Code, separation refers to "separation due to emotional discord", rather than separation due to other non emotional factors. However, if the couple has been separated due to emotional discord, during this period, if one of the couple is forcibly isolated due to COVID-19 infection, the isolation period can be counted as the separation period. However, if both parties did not separate before being isolated, the author believes that the court will not consider the period of isolation as a separation due to emotional disharmony.

Article 1079 of the Civil Code: If one spouse requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court. The people's court shall conduct mediation in handling divorce cases; "If the relationship has indeed broken down and mediation fails, divorce shall be granted.". Divorce shall be granted if mediation fails under any of the following circumstances: (4) separation due to incompatibility for at least two years "After a people's court has ruled that divorce is not allowed, and both parties have lived apart for another full year, if either party brings a divorce lawsuit again, the divorce shall be granted.".

This is Wang Dandan

Fight the epidemic and protect love;

May every couple's isolation period be a honeymoon period!