The cooling off period does not apply to domestic violence, how can the parties get divorced?

There is still a month for the Civil Code to come into effect, which means that the cooling-off period system will officially begin to be implemented in our country's registered divorce: divorce by agreement is no longer about going to the scene to get a divorce certificate on the spot and ending the marriage relationship, but to apply for divorce first, and if both parties have not repented within 30 days, they can go to the Civil Affairs Bureau to apply for a divorce certificate between the 31st and 60th days before they can officially divorce. In other words, after January 1 next year, there will be one more step for divorce by agreement than now, and at least 30 days more will be waited after applying for divorce.

And if either party repents within 30 days, or when the 30 days are up, and they do not get the certificate within the next 30 days, they will not be divorced. <

Many citizens said that legislation to increase the cooling-off period for divorce can indeed help some groups of impulsive divorces, but is it not good for people who have been subjected to domestic violence? <>

In response to the question of whether the cooling-off period for divorce is not conducive to the protection of parties who are victims of domestic violence, the Ministry of Civil Affairs responded yesterday that the provisions of the Civil Code on the cooling-off period system for divorce only apply to divorce by agreement. In the case of domestic violence, the parties may file a lawsuit with the court, which is clearly stipulated in article 1079 of the Civil Code, one of which is that the court on domestic violence can grant a divorce. The cooling-off period system does not apply to suing for divorce, so there is no problem that the cooling-off period is not conducive to the protection of parties who have suffered domestic violence.

Although this adjustment responds to public concerns that the "cooling-off period" is fueling domestic violence, many netizens believe that due to the time-consuming and labor-intensive litigation, the good intentions of protecting victims of domestic violence may become a dead letter. Some experts said that if one party encounters domestic violence, it should pay attention to collecting evidence of domestic violence, such as collecting evidence through calling the police and conducting injury examinations, and sue the court for divorce, so as to strive for a divorce as soon as possible, rather than unrealistically negotiating with the other party. The cooling-off period for divorce is just a dose of regret medicine for those who divorce impulsively, not a refuge for domestic violence.

I believe that it is important for the abusive spouse to separate from the abuser before the formal divorce to avoid further harm during this period. Then through legal proceedings, go through the legal process of divorce. But be sure not to provoke the abuser in an aggressive way.

If you have been subjected to domestic violence, please choose to report to the police as soon as possible, keep the evidence of your domestic violence, appeal to the court, and protect your safety and rights and interests through legal channels.

I think that the parties can separate first, so as to reduce the harm of the woman, and then go through the divorce procedures one after another.

The cooling-off period does not apply to domestic violence, and the parties can file a lawsuit with the court, and the cooling-off period for divorce does not meet this condition.

Domestic violence does not apply to the cooling-off period, I personally think that the party can directly file a lawsuit with the court, and must find a good lawyer to leave evidence of his domestic violence, so that the divorce is very easy to handle.

You can force a divorce because domestic violence is really bad, and if you don't get a divorce right away, it's very likely that you will encounter domestic violence again.

The parties can only choose to sue for divorce, because only by protecting themselves in a legal way can they completely get rid of this marriage.

Legal Analysis: Domestic violence does not require a cooling-off period for divorce. Domestic violence and want to divorce is not subject to the "cooling-off period" restrictions, only the parties agree to divorce, to the marriage registration authority to apply for divorce registration when the divorce cooling-off period system is applicable, legal basis:

Civil Code of the People's Republic of China Article 1079 Where one of the husband and wife 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) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing; Chi Yu lead.

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.

According to the provisions of the Civil Code on the "cooling-off period", the "cooling-off period" system will only be applied when both parties apply to the marriage registration authority for the registration of divorce from mainland China, which is a manifestation of fully respecting and protecting the divorce rights and freedoms of husband and wife. This shows that the "cooling-off period" system does not envy the application of all divorce situations, and the occurrence of domestic violence does lead to the breakdown of the relationship, and if you go to the court for divorce, there is no so-called "cooling-off period" application problem.

Legal basis: Article 1077 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, 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 is no cooling-off period for divorce due to domestic violence, because in this case, the relationship between the husband and wife can be dissolved by divorce by litigation. According to the provisions on the "cooling-off period" in the Civil Code, the "cooling-off period" system is only applicable when both parties apply for divorce registration at the marriage registration authority, which is a manifestation of fully respecting and protecting the divorce rights and freedoms of husband and wife. This shows that the "cooling-off period" system does not apply to all divorce situations, and the occurrence of domestic violence does lead to the breakdown of the relationship, and if you go to the court for divorce, there is no so-called "cooling-off period" application problem.

Article 1077 of the Civil Code stipulates: "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 time limit 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.

Domestic violence divorce can be carried out in two ways: divorce by agreement or litigation

1. Divorce by agreement requires a divorce agreement, ID card, marriage certificate, household balance book, etc.;

2. Litigation divorce requires a complaint, a copy of your ID card, marriage certificate, ID card or household registration book of the other party, a copy of the child's birth certificate or household registration book, etc., and the certificate of breakdown of the relationship between the husband and wife and the proof of property must also be submitted.

1. What are the ways to divorce?

There are two main ways to get divorced. One is a divorce by agreement, and the other is to sue for divorce.

1) Divorce by mutual agreement.

1. Both parties applying for divorce should divorce voluntarily. If one party requests a divorce, the marriage registration authority will not accept it.

2. Both parties applying for divorce should have properly dealt with the issues of child support and property. Where both parties request a divorce, but no agreement is reached on matters concerning child support, financial assistance for one of the spouses who is late in their lives, and the handling of property and debts, the marriage registration management organs shall not accept it.

3. In other cases where divorce by agreement is not granted, where one or both parties have limited or no civil capacity, the marriage registration authority shall not accept it; Where marriage registration has not been completed, the marriage registration management organs will not accept it.

2) Divorce by litigation.

Whether the relationship between the husband and wife has broken down is an important factor for the court to consider the judgment of divorce, and the following circumstances belong to the breakdown of the relationship between the husband and wife, and the court cannot reach the mediation of the divorce, the divorce shall be granted:

1. The other party is married to another person or lives with another person in the name of husband and wife;

2. The other party has domestic violence, abuse, or abandonment of family members;

3. The other party has gambling, drug abuse and other vices, and repeatedly refuses to change;

4. The husband and wife have been separated for two years due to emotional discord;

5. Other circumstances that lead to the breakdown of the relationship between husband and wife, such as one party suffering from a disease that prohibits marriage by law, one party concealing mental illness before marriage, which cannot be cured after marriage, adultery with others, illegal cohabitation, etc.