The terms of the cooling off period for divorce are released! Do you support a cooling off period f

From January 1, 2021, a new marriage law will be introduced. One of the "cooling-off periods" has aroused heated discussions among many netizens. In the future, all men and women who want to divorce will have a cooling-off period of 30 days.

The reason why this code has appeared is that it has been around for more than ten years. China's divorce rate is increasing every year.

The divorce rate in 2020 is even higher. WhileThe cooling-off period is undoubtedly desirable for divorced men and women who are impulsive in nature. This can avoid the breakup of a family to the greatest extent, which is also a great guarantee for the growth of children.

Whether the divorce cooling-off period is good or not is definitely beneficial for impulsive divorce men and women. Nowadays, society is more impetuous, and men and women are under a lot of pressure. Whether it is due to financial pressure, or pressure from mother-in-law and daughter-in-law, or various pressures on children's growth and learning, it is inevitable to quarrel when there is a disagreement, and sometimes the words are inevitably too intense when arguing.

To a certain extent, words such as divorce will appear, and when people are in an emotional period, they will also talk about divorce and divorce. For couples who regret this kind of impulsive divorce and can't save face after the divorce, a 30-day cooling-off period can be a good way to avoid this impulsive divorce.

The cooling-off period for divorce is a torment for people who are eager to get a divorce, no matter what the reason is, some people really can't get through it before they want to get a divorce. For example, long-term emotional discord between husband and wife, cold domestic violence, and serious cases escalate to violent domestic violence. For such people:

The cooling-off period is even more difficult. And some people will also take advantage of this loophole to transfer property, fake debts and other bad intentions. Some men even violently beat and coerce women.

Note: There is no cooling-off period for divorce by litigation, and many people say that if you regret it after divorce, you can remarry. This decree is of little use.

And for those who are in the midst of domestic violence, it is undoubtedly worse. Everyone must be clear about this. If during the marriage, if there is a violation of the law such as violence.

It is possible to file for divorce. Experts say that the cooling-off period for divorce is only a regret medicine for men and women who impulsively divorce, and it does not provide a refuge for domestic violence.

If there is a situation of violence, collect evidence of domestic violence as much as possible, such as collecting evidence through police records, going to the hospital for injury examination, etc., and sue the court for divorce, and strive to divorce as soon as possible. Instead of holding on to the idea of living one day at a time, it is worth living a day.

I support it, because it helps to save people's marriages, now many young people divorce because of impulsiveness, divorce cooling-off period, people can further consider the relationship between the two parties when they divorce, after calming down, if both parties still insist on divorce, it means that the two people really have a relationship problem.

I support the "divorce cooling-off period", because after all, many couples are very impulsive when they divorce, and now everyone is a post-90s generation, and the temper of the post-90s generation is more likely to conflict, and this clause can better save countless broken families who are about to be governed.

I don't support it, if you want to talk about the cooling-off period for divorce, it is better to set a cooling-off period for marriage, and if you calm down when you get married, you won't get divorced in the end. Nowadays, many people get married hastily and end up in divorce, which is not as good as a "sensible" marriage!

I paid for the divorce cooling-off period, and both parties said that the divorce may be impulsive, and after the cooling-off period, it is very likely that both parties do not want to divorce, which also reduces the business for the staff.

Yes, many people will regret it within a few days after the divorce, and after the cooling-off period, you can think about it carefully, and you can't delay the person who really wants to divorce, because time can't change the sincere decision.

In the tank. Because a cooling-off period for divorce can reduce the divorce rate and can help save a family that is about to break up.

I support it, people are more impulsive nowadays, so with a cooling-off period, both parties can calm down and reconsider, which is still very good for saving the marriage.

I support the divorce cooling-off period because many people divorce because they divorce on impulse, and most of them regret it after the divorce, thus missing out on a marriage and causing harm to their children.

Personally, I am still in favor of this policy. First of all, it is very bad for husband and wife to divorce because of their own emotions and other reasons. This can help both husband and wife calm down and save many loving families.

The divorce rate in our country is very high, and in my personal opinion, it is in favor of a cooling-off period for divorce. Because there are many people who file for divorce on the spur of the moment. This phenomenon will be alleviated after a cooling-off period.

The "cooling-off period for divorce" worked。On May 13, 2021, the Ministry of Civil Affairs released the national divorce data for the first quarter of this year. This is the first time that data has been released since the implementation of the "divorce cooling-off period", and the number of divorce registrations nationwide has dropped significantly.

In response to the rising divorce rate, the Civil Code of the People's Republic of China has implemented the divorce cooling-off period system since January 1, 2021, and the Ministry of Civil Affairs has added a "divorce cooling-off period" to the divorce procedure.

Affected by this, the number of divorce registrations nationwide in the first quarter of 2021 was only 10,000, far lower than the data of every quarter since 2017, a decrease of more than 70% from the fourth quarter of 2020, and a decrease of more than half compared with the divorce rate during the epidemic in the first quarter of 2020.

Previously, the number of divorces nationwide was more than 900,000 in every quarter except for the first quarter of 2020, and the number of divorces in the first quarter of 2021 was less than one-third of this data. And judging from the previous year-on-year change trend, except for the first in 2020.

Except for the first and second quarters, the number of divorces nationwide is on the rise.

Sichuan and Henan provinces have the highest number of divorces:

In terms of the number of divorce registrations in each province, Sichuan ranks first in the country and Henan ranks second in the country, with the number of divorces in the first quarter of both provinces being more than 20,000. The number of divorces in Jiangsu and Guangdong is not much different, both of which are nearly 20,000 couples. Shandong ranks fifth in the number of divorces, with 10,000 couples.

According to the data of the seventh population census, these five provinces are also the five most populous provinces in China, but they are ranked in different orders. Sichuan, which has the highest number of divorces, is the fifth most populous province, and Henan, which has the second highest number of divorces, is the third most populous province. Guangdong, the most populous province, has only the fifth-highest number of divorce registrations.

The above content refers to the data of Interface News After the implementation of the "divorce cooling-off period", the divorce rate has dropped by more than 7%.

A large proportion of divorce cases are effective.

I think it's probably more than half of them.

However, in some cases, the cooling-off period is indeed invalid.

Hello, I am a partner lawyer of the platform and have received your question.

After 50 days, the cooling-off period for divorce is invalid. If both parties fail to apply to the marriage registration authority for a divorce certificate within 30 days after the expiration of the divorce cooling-off period, the application for divorce registration shall be deemed to have been withdrawn.

The Ministry of Civil Affairs issued the Notice on the Implementation of the Marriage Registration Provisions of the Civil Code of the People's Republic of China. The notice clearly states that if both parties divorce voluntarily, they shall sign a written divorce agreement and jointly apply to the marriage registration authority with jurisdiction; During the 30-day cooling-off period, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage authority that accepts the application for divorce registration with relevant documents and materials; If both parties fail to apply to the marriage registration authority for a divorce certificate within 30 days after the expiration of the divorce cooling-off period, the application for divorce registration shall be deemed to have been withdrawn. According to the provisions of the Civil Code, the process of registering a divorce at the marriage registry office in the future becomes:

Both spouses must first file an application for registration of divorce with the Marriage Registry.

Depending on your situation, you can consider the paid goods on our side, and we will arrange a professional lawyer to give you a solution.

Questions. What should I do if I can't go back due to the epidemic?

Hello, the cooling-off period is 30 days, after the 30-day cooling-off period, from the second 30 days is the time for you to go through the divorce procedures, if you don't go, it will be deemed that the divorce request will be automatically withdrawn.

If one party wants to divorce, he or she can negotiate with the other party to register the divorce at the Civil Affairs Bureau, and if the negotiation fails, prepare the materials to sue for divorce in a court with jurisdiction.

Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority. The cooling-off period for divorce only applies to divorce by mutual agreement.

Those who do not obtain the certificate after the expiration of the cooling-off period for divorce shall be deemed to have given up.

Depending on your situation, you can consider the paid goods on our side, and we will arrange a professional lawyer to give you a solution.

The cooling-off period will only exist when going through the formalities of divorce by agreement, and the divorce by agreement needs to be handled at the marriage registration authority where one of the husband and wife is located, and cannot be handled in another place, so the cooling-off period for divorce cannot be applied for in another place.

According to the law, within 30 days from the date of receipt of the application for divorce registration by the marriage registration authority, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority. Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.

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The Civil Code, which came into force on January 1 this year, stipulates that the registration of divorce by agreement and the cooling-off period for divorce are procedures that must be followed. If the husband and wife can negotiate and divorce by agreement, they need to jointly submit a divorce application to the marriage registry office, and they need to wait for the 30-day cooling-off period before jointly going through the divorce registration procedures. If the parties cannot agree to divorce, either party can sue for divorce, and there is no cooling-off period for divorce proceedings.

The cooling-off period for divorce is of course useful, because during this time, both couples can go well, reflect on each other, calm down, and think about it.

Personally, I think that although he may not have played any substantive role, at least in this transition period, Jean will still have a little effect.

Does the cooling-off period for divorce work, if there is a conflict between the couple, it may be impulsive, and when you calm down and think about it, you will change.

What is the cooling-off period for divorce, why do you need to add a month here, and is there any benefit?

A little bit of a loss? However, the fundamental problem cannot be solved, and the real divorce cannot be stopped, and the "fake" divorce is even more useless. At most, it will relieve the impulsive and awkward little couple.

Legal Analysis: The law on the cooling-off period for divorce is mainly based on the provisions of the Civil Code, within 30 days from the date of receipt of the divorce registration application by the marriage registration authority, if either party is unwilling to divorce, he or she may withdraw the divorce registration application to the marriage registration authority.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' intention to divorce voluntarily and the opinions of consensus on matters such as child support, property, and debt handling.

Article 1077:Within 30 days of the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority. Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it means that Weiga shall be deemed to have withdrawn the application for divorce registration.

1. Divorce requires a cooling-off period. On January 1, 2021, the Civil Code of the People's Republic of China was officially implemented, and the provisions on the cooling-off period for Ye Shengwu divorce came into effect.

2. The cooling-off period for divorce does not violate the principle of "freedom of divorce", but is to prevent impulsive divorce in Songzhou in the divorce by agreement, and it is only applicable to divorce by agreement, and the cooling-off period for divorce can curb the phenomenon of impulsive divorce to a certain extent.

Legal analysis: The marriage chapter of the Civil Code adds a new cooling-off period for divorce, which stipulates that within 30 days from the date of receipt of the divorce registration application by the marriage registration authority, if either party is unwilling to divorce, he or she may withdraw the divorce registration application to the marriage registration authority. That is to say, either party can revoke the divorce within 30 days after the divorce is registered, and after the divorce is revoked, the two parties are still legally husband and wife.

Legal basis: Civil Code of the People's Republic of China Article 1077 Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce Zheng Fu for marriage, he or she may withdraw the application for divorce registration from the Huai Congzheng marriage registration authority.

Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If they do not apply, they shall be deemed to have withdrawn their application for divorce.