What is the divorce cooling-off period?
The divorce cooling-off period refers to when a couple divorces, the government forces both parties to temporarily separate and think carefully. Then decide whether to proceed with the divorce. Only implemented in government agencies.
The "Civil Code of the People's Republic of China" will officially come into effect on January 1, 2021. In order to implement the provisions of the Civil Code on the divorce cooling-off period system, the Ministry of Civil Affairs has adjusted the marriage registration procedures and added Divorce cooling off period.
Divorce Process in 2021
1. Divorce Application
Both spouses voluntarily divorce , they should sign a written divorce agreement, apply together to the marriage registration authority with jurisdiction, and provide relevant certificates and supporting materials.
2. Divorce acceptance.
The marriage registrar will conduct a preliminary review of the materials submitted by the parties in accordance with the relevant provisions of the "Marriage Registration Work Standards". After the preliminary review of the certificates and certification materials submitted by the parties is correct, a "Divorce Registration Application Acceptance Slip" will be issued. If the application conditions for divorce registration are not met, the application will not be accepted. If the parties request a "Notice of Not Accepting the Application for Divorce Registration", they must issue it.
3. Divorce cooling-off period
Within thirty days from the date when the marriage registration authority receives the divorce registration application and issues the "Divorce Registration Application Acceptance Receipt" to the parties, either party shall not If you are willing to divorce, you can withdraw your divorce registration application to the marriage registration agency that accepts the divorce registration application with your valid identity document and the "Receipt Form for Acceptance of Divorce Registration Application" (if it is lost, you do not need to provide it, but you need to explain the situation in writing), and fill out the "Divorce Registration Application Acceptance Slip" in person. Withdrawal of Application for Divorce Registration". After verification by the marriage registration authority, a "Confirmation Form for Withdrawal of Application for Divorce Registration" will be issued, and the "Application Form for Divorce Registration", "Application Form for Withdrawal of Divorce Registration" and "Confirmation Form for Withdrawal of Application for Divorce Registration (Stub Copy)" Archive.
If both parties fail to jointly go to the marriage registration authority to apply for a divorce certificate within thirty days after the expiration of the divorce cooling-off period, the divorce registration application will be deemed to have been withdrawn.
4. Divorce review
Within thirty days from the expiration of the divorce cooling-off period (if the last day of expiration is a holiday, the first day after the holiday shall be the date of expiration) ), both parties shall jointly go to the marriage registration authority to apply for issuance of a divorce certificate with the certificates and materials specified in Items (4) to (7) of Article 55 of the "Marriage Registration Work Regulations".
Marriage registration authorities shall implement and review in accordance with the procedures and conditions stipulated in the "Marriage Registration Work Standards". The marriage registration agency will not process divorce registration if it does not meet the conditions. If the party concerned requires the issuance of the "Notice of Refusal to Handle Divorce Registration" (Annex 7), it shall be issued.
5. Divorce registration (certificate issuance)
The marriage registration authority shall register and issue a divorce certificate in accordance with the "Marriage Registration Work Regulations".
Why is there a divorce cooling-off period
1. The number of divorce registrations in China has been 10 consecutive times since 2002 year-on-year growth.
2. The marital stability of the "post-80s generation" is far lower than the average level, and the phenomena of "flash marriage" and "flash divorce" are very common.
3. The number of hasty divorces and impulsive divorces is increasing.
4. The "Marriage Registration Regulations" promulgated in 2003 canceled the stipulation on the approval period. China has actually become one of the countries with the simplest and fastest divorce procedures in the world. Divorced couples can get divorced on the spot. Divorce certificates can be obtained.
