New Divorce Provisions in the New Marriage Law in 2021?

Divorce registration in the Mainland will be adjusted from the current four-step procedure of "preliminary examination-acceptance-examination-registration (issuance)" to a five-step procedure of "application-acceptance-cooling-off period-examination-registration (issuance)". Within 30 days after the expiration of the cooling-off period for divorce, both parties to the divorce registration shall jointly obtain the divorce certificate at the marriage registration office, and if they fail to do so within the time limit, the divorce application shall be deemed to have been withdrawn.

As soon as the new rules came out, some netizens lamented that "divorce is too difficult"; Some netizens believe that "setting a cooling-off period is suspected of restricting the freedom of marriage"; Some netizens ridiculed "if you want to divorce, hurry up and make an appointment"; Some netizens proposed that "since divorce has a cooling-off period, you can also set a cooling-off period for marriage registration"; Some netizens also believe that "the new regulations are conducive to putting the brakes on the phenomenon of 'flash marriage and divorce'".

2021 New Rules for Divorce:

1. Divorce is not about leaving, and there is a cooling-off period for divorce.

Divorce is no longer a matter of divorce, as there is a cooling-off period for divorce, which lasts for 30 days. That is to say, after submitting the divorce application, both parties must calm down within 30 days, and it is impossible to handle the divorce within these 30 days.

2. Divorce must be divorced and debts must be separated, and both husband and wife who want to divorce must clarify their debts.

In the event of divorce, the joint debts of the husband and wife shall be repaid jointly. Where the joint property is insufficient to be paid off or the property is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.

3. If the court decides that divorce is not allowed, and the husband and wife have been separated for one year, and one party files a divorce lawsuit again, the divorce shall be granted.

Article 1076 of the Civil Code of the People's Republic of China 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, it 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.

Article 1089:In the event of divorce, the joint debts of the husband and wife shall be repaid jointly. Where the joint property is insufficient to be paid off or the property is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

The Civil Code of the New Marriage Law specifically makes the following new provisions on divorce: 1. A new provision on the cooling-off period for divorce has been added, and if one party regrets the divorce after the husband and wife agree to divorce, the divorce application can be withdrawn within 30 days; 2. After a clear judgment that divorce is not allowed, if one party files a divorce lawsuit again after one year of separation, the court shall grant the divorce; 3. If one of the spouses squanders property, the court may give him a small share or no share of the joint property of the squandered party in the event of divorce.

Sitting on the cold windowsill again, the wind was mercilessly rushing against me, the rain once again wet my face, my nose was sore, and my eyes seemed like some warm liquid was about to gush out.

The rain was mixed with tears, and everything seemed to go back to the past, and the scenes appeared in front of me again. Unconsciously, we have lived together for several years, and time has taken away our immaturity and innocence in a hurry, but we still don't know it, until the homework is getting higher and higher day by day, and there are more and more things in our hearts, we may be ignorant and find that we have grown up.

I don't know when it began, the distance between us is getting farther and farther, the gap is getting deeper and deeper, and when the former friends become the enemies we are today, I don't know what to think in my heart. In fact, as long as we cared more about each other, cared a little more, and were more considerate, maybe we would still be the same.

On that day, the sun was shining, the sky was cloudless, and the gentle breeze was gently blowing in every corner, and we had a lot of fun because the teacher was not there. But the next day, you didn't come to school, and your heart was like that empty seat, always absent-minded. The teacher said that you are sick and may not come back until a week later, because without you, the whole classroom will be without your laughter, and there will be no more of your heroic figure on the playground, and every classmate is nostalgic for you, although we are often in contact with you.

A week later, you did get sick and discharged from the hospital, but it felt so strange to me, you have changed, you have become taciturn, your interests have changed, the energetic figure of the past no longer exists, and all that is left is a sick Xi Shi. You hate to study, but you want to have a new world, you are afraid of getting hurt, but you want to go to a strange world to fight, in fact, everything is not as good as you imagined.

I don't have anything in common with you anymore, the person who has been with you is no longer me, time flies, everything is changing. My suspicion made me choose to stay away from you, I felt your loss and overwhelmed, but I still didn't want to stay with you.

I stayed together for a semester again, but there was no laughter and laughter, and when I saw you fall, I didn't even have a chance to pick you up, and I didn't even have a chance to pick you up.

Time has taken away our youth, but also taken away our indestructible friendship, if it wasn't for my miss at the beginning, maybe it wouldn't have been exchanged for the current loss. I haven't experienced anything, and I don't think about the consequences. Now we are strangers, it is not what I wanted, but I chose it.

Pink Butterfly, I want to take advantage of our last time with each other to tell you out loud - I regret it!

The rule is that divorce must be approved by both parents and best friends. Because divorced people are too casual now, new rules are needed to restrain them.

The new rules for divorce are that no matter who bears the main responsibility, the woman will not even be able to share a penny of these four types of property after the divorce. So what are the 4 categories? 1. The house built by the husband on the homestead before marriage, or the car and house he bought before the marriage, 2. The RV or self-built house purchased by the man's parents for the marriage of his son, 3. After the death of the parents, the property is determined by the testamentary contract to belong to the son, and 4. The compensation and relief received by the husband for accidental injuries during his work.

Hello, glad to answer for you. On January 1, 2021, the Civil Code of the People's Republic of China came into effect, including seven parts: General Provisions, Property Rights, Contracts, Personality Rights, Marriage and Family, Inheritance, and Tort Liability. Since then, the "Marriage Law" has officially withdrawn from the stage of history, and the changes related to divorce are still quite large.

1.A marriage registered by fraud is null and void.

The draft stipulates that the act of fraudulently obtaining marriage registration by means such as forging, altering, or fraudulently using another person's ID card, household registration booklet, or certificate of no spouse is invalid.

2.Cooling-off period for divorce has been added.

In practice, the phenomenon of rash, impulsive and impulsive divorce has increased, which is not conducive to family stability. To this end, the Civil Code has added a one-month cooling-off period for divorce, during which either party may ask the registration authority to withdraw the divorce application.

3.Improve the divorce compensation system.

The current "Marriage Law" stipulates four circumstances applicable to divorce damages, and the draft adds a catch-all clause on divorce damages, including some situations that have indeed caused serious damage to the other party into the scope of damages.

3.Two additional areas of joint property have been added.

With regard to the scope of joint property of husband and wife, the draft adds "remuneration for other services" and "income from investments".

4.In both cases, the joint property of the husband and wife may be divided during the marriage.

The draft adds a system for the division of joint property between husband and wife within marriage, stipulating that "during the existence of the relationship between husband and wife, under any of the following circumstances, one of the husband and wife may apply to the people's court for the division of joint property:

1) One party conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife, or otherwise seriously harms the interests of the joint property of the husband and wife;

2) The person who has the legal obligation to support one party suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.

5.After one year of separation, one party sues for divorce again and shall be divorced.

The Civil Code adds a new provision that after a people's court has ruled that a divorce is not allowed, and one party has been separated for one year, and one party files a divorce lawsuit again, the divorce shall be granted.

6.After divorce, children are raised in accordance with the principle of the best interests of the child's development.

With regard to the issue of child support after divorce, the draft clarifies that the principle of direct support by the mother within two years of age is the principle. Judgments over the age of two shall be made in accordance with the principle of the best interests of the minor child.

7.Grandparents have visitation rights after divorce.

With regard to the issue of visiting children after divorce, the draft adds provisions on the rights of grandparents and maternal grandparents to visit their grandchildren and grandchildren.

8.The division of property in divorce adds the principle of taking care of the innocent party.

With regard to the division of property in the event of divorce, in addition to taking care of the children and the woman, the draft also adds the principle of the rights and interests of the innocent party.

1. A new provision on the cooling-off period for divorce has been added, and if one of the spouses repents of the divorce after the divorce by agreement, the divorce application can be withdrawn within 30 days;

2. After a clear judgment that divorce is not allowed, if one party files a divorce lawsuit again after one year of separation, the court shall grant the divorce;

3. If one of the spouses squanders property, the court may give him a small share or no share of the joint property of the squandered party in the event of divorce.

Article 1084 of the Civil Code The relationship between parents and children shall not be extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

After divorce, parents still have the right and obligation to raise, educate and protect their children.

In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

Article 1087 In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Hello, we applied for divorce, the cooling-off period has passed for a month, we went to handle the divorce, and there is something to do in the middle of the process and the formalities have not been completed, can I continue to handle it when I go next time? The receipts are in the hands of the staff, and there is no need to wait for a one-month cooling-off period for both parties.

However, if you can't find your previous records, you will need to apply again.

We applied for divorce on June 4 and handled it before August 6, and it is still within the validity period.

Can you check the record in **, when we handle it, it is Friday this week, and Saturday and Sunday are holidays, so there is no rest of the process, can I handle it next Monday?

Isn't it possible for us to check the record of the question ourselves?

The question is whether it can be continued if there is a record, and the receipt is handed over to the staff, and we can handle the divorce again.

1. Add a 30-day cooling-off period for divorce.

According to the current "Marriage Law", both husband and wife can apply for divorce on the spot as long as they bring the following materials: the divorce agreement that meets the requirements, both parties**, household registration booklet, ID card, and marriage certificate.

Starting in 2021, a 30-day cooling-off period has been added: after both parties submit an application for divorce registration, they need to wait for 30 days. If either party is unwilling to divorce within 30 days, he or she may withdraw the application for divorce registration from the marriage registration authority.

At the same time, after the end of the cooling-off period for divorce, both parties need to jointly apply for a divorce certificate at the marriage registration authority within 30 days.

2. The Divorce Agreement should clearly state the matters of "how to deal with the debts of the husband and wife".

The current Marriage Law stipulates that the marriage registration authority may issue a divorce certificate when the husband and wife have properly dealt with the issues of children and property.

However, the Civil Code clearly stipulates that in addition to reaching a consensus on child support and property, the husband and wife must also reach a consensus on the "debt treatment" before issuing a divorce certificate.

That is, starting from 2021, the "Divorce Agreement" must clearly write "how to deal with the debts of the husband and wife", otherwise the "Divorce Agreement" will be regarded as an imperfect agreement and will be redone.

3. Add the legal conditions for divorce: "After the court decides that the divorce is not allowed, the parties have been separated for another year".

There are five main legal conditions for divorce in the current Marriage Law: (simply put, it is a situation where you go to the court to file for divorce and the court will definitely grant divorce).

1.bigamy or cohabitation;

2.committing domestic violence or abusing or abandoning family members;

3.There are bad habits such as gambling and drug abuse, which are repeatedly taught;

4.Separated for two years due to emotional discord;

5.One party was declared missing.

On the basis of the above-mentioned five legal conditions for divorce, the Civil Code adds a legal condition for divorce: "After the court decides that the divorce is not allowed, the parties have been separated for one year. If one party initiates divorce proceedings again, the divorce shall be granted."

By adding this cause of divorce, it seems that the difficulty of divorce has been reduced, but in fact it has increased the difficulty.

This is because Article 124 of the Civil Procedure Law stipulates: "If a divorce is not allowed and a divorce case is settled through mediation, and there are no new circumstances or new reasons, and the plaintiff files another lawsuit within six months, it shall not be accepted." ”

According to the previous judicial practice, basically after the judgment is not allowed to divorce, the court will basically consider that the relationship between the two parties has broken down and will grant a divorce.

However, this major revision of the Civil Code can be foreseen: after the judgment of divorce is not allowed in the future, the plaintiff sues for divorce again within 6 months, and the court judgment has a high probability that the divorce will not be allowed.

It is only possible to obtain a judgment in favor of divorce after one year from the date of the decision denying divorce and if it can be proved that the divorce has been separated.

4. Add a clear point in time for the dissolution of the marital relationship.

The Civil Code adds clarification on the time point of dissolution of the marriage relationship: the date of registration of the divorce, the date of the effective date of the divorce judgment, or the date of the effective date of the divorce mediation document.