Is the cooling off period for divorce detrimental to victims of domestic violence?

The marriage cooling-off period has been implemented since 2021, and there have been many controversies so far, the biggest controversy is whether the emergence of this cooling-off period will make people who have already suffered in marriage suffer more, I personally can't point fingers at the policy, but I can judge from my own perspective, I think the cooling-off period does have an adverse impact on those who are suffering from domestic violence, because this provision increases the bargaining chips in the divorce competition and lengthens the distance. Spread more thorns on those who want to escape from marriage.

Let's first take a look at how the cooling-off period for marriage is regulated

Within 30 days from the date on which the marriage registration authority receives the application for divorce registration and issues the "Receipt of Acceptance of Divorce Registration Application" to the parties, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority that accepts the application for divorce registration with his or her valid identity document and the "Receipt of Acceptance of Divorce Registration Application" (if it is lost, it may not be provided, but a written explanation of the situation is required), and fill in the "Application for Withdrawal of Divorce Registration" in person. Quoted from Encyclopedia).

From the regulations, we can see that the existence of the divorce cooling-off period is to avoid blind divorce for those who choose to divorce due to impulse, the theoretical basis is that the divorce rate in contemporary society is high, and even some people get married in the morning and go to divorce in the afternoon, so such a policy will be introduced, the existence of this cooling-off period lengthens the divorce process, within 30 working days, either party can revoke the divorce application with valid documents, so this will bring more pain to those who have already suffered from marital painIt's simpleHe wanted to escape from the marriage, but the marriage increased the shackles.

This is just my personal opinion, in fact, divorce is never a very easy thing, there are many issues involved, if a person intends to torture you with a painful marriage, then even if you want to divorce him, even if the divorce cooling-off period does not appear, he will still not divorce you easily, so this is just a change from half a catty to eight taels.

It's really not good for them, because the problem of domestic violence will exist even more, so that the whole person will not be so good that they will be dizzy.

I think it's really bad for victims of domestic violence, because there are only zero and countless times of domestic violence, and there is a high chance that they will be tortured again.

I think it's really disadvantageous for domestic abusers, so I think it should be analyzed on a case-by-case basis, and it can't be generalized.

Whether the cooling-off period for divorce applies to domestic violence shall be determined on the basis of the method of divorce. The cooling-off period for divorce is only applicable to divorce by agreement, and if the husband and wife choose to divorce by agreement, they shall go through a 30-day cooling-off period after filing an application for divorce with the marriage registration authority; If both husband and wife choose to file for divorce, they do not need to go through the cooling-off period for divorce, but only need to go to the people's court to submit a divorce complaint and file a divorce lawsuit with the people's court. As long as the husband and wife choose to go to the marriage registration authority to apply for divorce, they must go through a 30-day divorce cooling-off period, which has nothing to do with the reason for divorce of the husband and wife, and if they choose to divorce by litigation, they do not need to go through the 30-day divorce cooling-off period, as long as the people's court agrees to the party's divorce request, the marriage relationship can be dissolved.

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

Article 1077:Where either party is unwilling to divorce within 30 days of the date on which the marriage registration authority receives the application for divorce registration, the application for divorce registration may be withdrawn 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.

The provisions on the cooling-off period for divorce apply only to:

In the case of divorce by agreement, the parties may file a lawsuit for divorce with the court, and the cooling-off period system for divorce does not apply. Therefore, the "cooling-off period" does not provide for protection against domestic violence.

The problem of the person.

Legal basis: Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally harms the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.

Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Causing death or causing serious injury to a person by particularly cruel means.

and where serious disability is caused, a sentence of 10 or more years imprisonment, life imprisonment or death is to be given. Where this Law provides otherwise, follow those provisions.

Civil Code of the People's Republic of China

Article 1079 Where one of the spouses requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with 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) Gambling, drug abuse, and other vices;

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 lived separately for one year, and one party files a divorce lawsuit again, the divorce shall be granted.

1. A cooling-off period is required for domestic violence to agree to divorce.

2. In the case of divorce due to domestic violence, if both parties choose to divorce by agreement, there is a cooling-off period, but if one party chooses to divorce by litigation, there is no cooling-off period.

3. The law stipulates that if one of the husband and wife requests a divorce and there are circumstances of domestic violence, the divorce shall be granted after the people's court has not mediated and there is no hunger effect.

The cooling-off period for divorce is in conflict with domestic violence. 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. 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.

There may be no cooling-off period for divorce in the case of bigamy or cohabitation with others, domestic violence, or abuse or abandonment of family members.

1. What are the circumstances under which a divorce can be granted?

1.One party suffers from a disease that legally prohibits marriage, or one party has a physical defect, or is unable to have sex for other reasons, and it is difficult to **.

2.Lack of understanding before marriage, hasty marriage, and failure to establish a relationship between husband and wife after marriage, making it difficult to live together.

3.Concealing mental illness before marriage and not being cured after marriage, or marrying the other party knowing that the other party is mentally ill before marriage, or one party suffering from mental illness during the period of living together as husband and wife and not being cured for a long time.

4.One party deceives the other party, or falsifies the marriage certificate during the marriage registration.

5.After the parties have registered their marriage, they have not lived together and there is no possibility of reconciliation.

6.Arranged or bought or sold marriages, where one party files for divorce immediately after marriage, or where a relationship between husband and wife has not been established even though they have lived together for many years.

7.Where they have separated for 2 years or more due to emotional discord and there is no possibility of reconciliation, or they have been separated for 1 year after a people's court has ruled that divorce is not permitted, and they do not perform their obligations as husband and wife.

8.Where one party commits adultery or cohabits with another person, and there is still no sign of repentance after education, or the party who is not at fault sues for divorce, or the party at fault sues for divorce, and the other party does not agree to the divorce, and after criticism and education, punishment, or after the people's court has ruled that the divorce is not allowed, the party at fault sues for divorce again, and there is no possibility of reconciliation.

9.One party bigamy and the other party files for divorce.

10.One party has vices such as drug addiction and gambling, does not fulfill family obligations, and refuses to change after repeated teachings, making it difficult for husband and wife to live together.

11.One party is sentenced to long-term imprisonment in accordance with law, or their illegal or criminal conduct seriously hurts the feelings of the husband and wife.

12.Where one party's whereabouts have been unknown for two years, and the other party files a lawsuit for divorce, and there is no whereabouts after a public announcement.

13.Receiving abuse or abandonment by the other party, or being abused by the relatives of the party who complained to the other party, or abusing the relatives of the other party, and not changing after education, and the other party does not understand.

14.One party has committed acts of domestic violence.

15.The relationship between the husband and wife has indeed broken down due to other reasons.

The cooling-off period for divorce is only applicable to divorce by agreement, and domestic violence divorce is quietly allowed in judicial practice, and the litigation procedure is generally followed.