How long is the cooling off period for divorce and how long is the cooling off period for divorce

The cooling-off period for divorce is 30 days. The specific provisions are that 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 30-day cooling-off period, 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certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.

[Legal basis].

Article 1076 of the Civil Code.

Where the 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' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

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, 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certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.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 1078.

If the marriage registration authority ascertains 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.

There is a cooling-off period of 30 days. The cooling-off period for divorce, also known as the divorce consideration period, refers to the period in which both parties to a marriage apply for voluntary divorce under the principle of freedom of divorce, and within a certain period of time from the date of receipt of the application by the marriage registration authority, either party can withdraw the divorce application and terminate the registered divorce procedure. According to the different specific elements, it can be divided into:

1. Prerequisites: When the 30-day cooling-off period expires, the parties have not withdrawn the divorce application;

2. The requirements of the period, after the expiration of the period, the party shall conduct a certain act within 30 days;

3. The main element can only be the two parties applying for divorce;

4. The institutional requirements must be applied to the marriage registration authority; Fifth; Elements of conduct, request for the issuance of a divorce certificate.

Civil Code of the People's Republic of China

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 shall be deemed that the application for divorce registration has been withdrawn.

The cooling-off period for divorce is 30 days, and after submitting the application, you need to wait for the rollover to expire for 39 days, and then match within the next 30 days, both parties need to jointly obtain the divorce certificate, otherwise it will be deemed to be a withdrawal of the divorce application.