What does the new marriage law of 2021 say about divorce?

The Marriage Law of 2021 sets a 30-day cooling-off period, if one party repents within these 30 days, they can withdraw their divorce application, and if they buy it for 30 days and do not go to the relevant agency to apply for divorce, they will directly withdraw their divorce application.

The new Marriage Law stipulates that there is a 30-day cooling-off period after the divorce application is made, during which one party cannot divorce if the other party does not wish to divorce.

The new marriage law stipulates that divorce requires 30 days of divorce today, and it is precisely because of this 30-day cooling-off period that many couples have returned to the family and are reluctant to divorce.

A cooling-off period was established, different adjustments were made, and there were clear provisions, as well as contractual explanations and an analysis of divorce situations.

If you divorce voluntarily, you need to sign an agreement, register it, agree on issues related to child support and property, and apply to the Civil Affairs Bureau, and there will be a one-month cooling-off period for divorce.

A cooling-off period of one month has been added, and if it is a divorce by agreement, a written agreement needs to be signed, and it is necessary to find out whether both parties are willing to divorce, and the court needs to mediate in the case of litigation divorce, etc.

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 Since then, the "Marriage Law" has officially withdrawn from the stage of history, and the changes related to divorce are still quite large.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.

Hello, there are two types of divorce in my country, and the regulations are not the same for different methods.

Divorce by mutual agreement is an agreement between the husband and wife on issues such as divorce, child support, property division and debts, and both parties go to the Civil Affairs Bureau to go through the divorce formalities together. Because the Civil Code has increased the "cooling-off period" for divorce, that is, now both husband and wife must first apply to the Civil Affairs Bureau. After 30 days, if both parties do not repent, they will go to the Civil Affairs Bureau to go through the divorce procedures and obtain the divorce certificate, so the divorce by agreement requires both men and women to go to the marriage registration office twice to get the divorce certificate.

Litigation divorce is when one party goes to court to sue for divorce. After filing the case, ** and other procedures, finally get the divorce judgment or divorce mediation document. If the husband and wife have a disagreement on issues such as property, child custody, divorce, etc., and cannot reach an agreement, then it is necessary to dissolve the marriage by means of litigation divorce.

It is important to note that if the other party does not agree to the divorce in the first lawsuit, and you do not have sufficient evidence of a relationship breakdown, the first lawsuit may not grant a divorce.

In addition, if the military party does not agree to the divorce, if there is no evidence to prove that the other party has major faults in the marriage, the general court will not support the divorce.

[Legal basis].

Civil Code of the People's Republic of China

Article 1078:Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property, and debt disposition, they shall register and issue a divorce certificate.

Article 1079:In any of the following circumstances, where mediation is ineffective, a divorce shall be granted.

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.

Article 1081 The spouse of a serviceman on active duty who requests a divorce shall obtain the consent of the serviceman, except where one of the servicemen has major faults.

With the development of society, various laws and regulations are constantly improving and perfecting. The "Marriage Tobacco Law" is also constantly being revised and improved with the development of society and the needs of reality. The new marriage law of 2021 is already collectively known as the Civil Code.

The old Marriage Act has also officially lapsed. In the 2021 Civil Code, many changes have also been made to divorce compared to the old Marriage Law. In particular, the establishment of a cooling-off period for divorce, the establishment of a divorce agreement, and the provisions on marital debts are of great significance to both parties to the divorce.

3. Debts in divorce. The Civil Code also clearly explains the debts of the husband and wife after divorce, and the joint debts of the husband and wife can only be regarded as joint debts if they are signed by both husband and wife, and the debts borrowed privately by one party should not be jointly borne.

In the event of a divorce, if one party is in financial difficulty, the other party shall provide appropriate assistance from his or her personal property, such as housing. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

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.

Even if there is a cooling-off period for divorce, everyone has to think carefully before they can confirm the final result.

The new rule is that when a class divorce lawsuit is filed, it must first enter a one-month cold war period, because only in this way can two people make this decision calmly, and it is also to reduce the divorce rate.

What are the new rules for divorce?

Specifically, the Civil Code has made the following new provisions on divorce:

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 1077 of the Civil Code [Cooling-off Period for Divorce] 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.

Article 1079:[Divorce by Litigation]Where one of the husband and wife requests a divorce, the relevant organizations 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;

4) Separated for two years due to emotional discord;

1. The new marriage law will come into effect on January 1, 2021. The original Marriage Law ended on December 31, 2020. The new marriage law is called the Civil Code.

2. According to the Civil Code, if both men and women divorce voluntarily, they should sign a written divorce agreement and apply to the Civil Affairs Bureau for registration of divorce. The divorce agreement needs to state that the parties are willing to divorce, and that they have reached a consensus on the division of child support property and the repayment of debts, and the results of the negotiation are expressed above.

3. Within 30 days after receiving the divorce application from the Civil Affairs Bureau, if one party is unwilling to divorce, he or she may submit an application for revocation to the Civil Affairs Bureau. If both parties still want to divorce after 30 days, then go to the Civil Affairs Bureau to apply for a divorce certificate within 30 days, and the Civil Affairs Bureau will withdraw the divorce if there is no application.

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.

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.