Why are many people extremely dissatisfied with the cooling off period for divorce?

Hello, after the new divorce cooling-off period system was established in the Civil Code, it has caused a lot of controversy, and the establishment of this system will bring a lot of legal risks.

1. The setting of the cooling-off period for divorce will cause one of the husband and wife who has negotiated the divorce to change their hexagram without authorization, resulting in the failure of the agreement to be successfully completed. Divorce by mutual agreement can become very difficult, and if one of the spouses does not keep their promises, they can only consider dissolving the marriage through litigation divorce.

2. During the cooling-off period of divorce, due to the abnormal relationship between the husband and wife, the party who does not want to divorce may maliciously transfer property, conceal property or squander property. These properties are the joint property of the husband and wife, and the joint property of the husband and wife is deliberately appropriated to the detriment of the interests of the other party.

3. During the cooling-off period of divorce, the party who is the victim of domestic violence may be at risk of continuing domestic violence. Although the victim of domestic violence can choose to file for divorce, during the cooling-off period of divorce, if the domestic violence party suddenly repents, the domestic violence party may continue to commit domestic violence, and at the same time, litigation divorce needs sufficient evidence to prove for the domestic violence party.

[Legal basis].

Civil Code of the People's Republic of China

Article 1077 stipulates 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.

2. Notice of the Ministry of Civil Affairs on the Implementation of the Provisions on Marriage Registration in the Civil Code of the People's Republic of China.

2. Adjust the divorce registration procedures.

In accordance with Articles 1076, 1077 and 1078 of the Civil Code, divorce registration shall be handled in accordance with the following procedures:

3) Cooling-off period. 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 to the marriage registration authority that accepts the application for divorce registration (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" (Annex 4) in person. After verification by the marriage registration authority, the Confirmation Form of Application for Withdrawal of Divorce Registration (Annex 5) shall be issued, and the Application for Divorce Registration, the Application for Withdrawal of Divorce Registration and the Confirmation Form for Withdrawal of Application for Divorce Registration (Stub Copy) shall be filed together.

If both parties fail to jointly apply for a divorce certificate at the marriage registration authority within 30 days after the expiration of the cooling-off period for divorce, the application for divorce registration shall be deemed to have been withdrawn.

Because some people have completely broken down their relationship and want to hide away from the opposite path immediately, they think that there is no need to kill time and think about it repeatedly, so the cooling-off period for divorce is regarded as redundant.

There is no need, so the performance is extremely dissatisfied, and this "fast departure" mood is enough to be seen.

Some people are very irrational in divorce, hot-headed, feel that they have to divorce when they are angry, and do not understand the cooling-off period for divorce, so these people often regret it after divorce.

There is no dissatisfaction, for example, after getting married, the country has introduced this policy, and it has always been hoped that the two of you will be calm and calm, and you really want to divorce, and it is not bad for this month, or these days, think more about the consequences of divorce.

Many people are extremely dissatisfied with the divorce cooling-off period, because their purpose of divorce is not pure, hurry up and divorce the lover they rely on, and after the divorce as soon as possible, you can talk about his ulterior purpose, and now there is a cooling-off period for marriage, which may hinder their original plan to a certain extent, and they will be extremely dissatisfied.

This is definitely not the case for all divorced people. There are at least a few cases where dissatisfaction.

The first category has long since passed the substantive cooling-off period, and they are certainly opposed to extending the cooling-off period for them.

They often endure and endure again, and finally break out before going to divorce, indicating that this part of the divorced people has long passed the cooling-off period.

The second type is to suddenly find that the other party has a problem that has occurred or has been there for a long time, which is an ...... that you absolutely cannot acceptYou have to get divorced right away in time to get out of what you can't accept. This situation will certainly also oppose the cooling-off period.

Third, there are also some divorcees who look extremely calm, they see the problem very clearly, and they do not divorce impulsively, so there is no need for a cooling-off period.

Why are many people extremely dissatisfied with the cooling-off period for divorce?Dissatisfied with this provision, are the husband and wife relationship is quite bad people, they hate to divorce immediately, the relationship between husband and wife exists for one more minute, for them are a kind of torment, a minute can not see each other, have long forgotten the sweetness of love, become the enemy in marriage, for the relationship deteriorated to such a situation of people, there is really no room for relaxation, early separation is a relief for each other, therefore, the provisions of the cooling-off period for divorce should let the husband and wife choose together, It will achieve the desired result of the divorce cooling-off period.

There are many people who are extremely dissatisfied with the cooling-off period for divorce, because there are many disadvantages of the cooling-off period for divorce, such as increasing the cost of divorce and wasting judicial resources; There is a certain risk, and a series of rights and obligations are not clear during this period, and if one party borrows debts in bad faith, it is difficult for the other party to protect its legitimate rights and interests.

Because the vast majority of people divorce, in fact, it is really not impulsive, it is a long-term accumulated contradiction, and I really can't stand it.

However, divorce is not a decision that both parties will make at the same time, generally speaking, if two people want to divorce, one of them is really unbearable, and the other can actually endure it for the time being.

Therefore, one person files for divorce first, and the policy of divorce cooling-off period will put this person in a very passive situation, if the other party does not cooperate to divorce, then after this divorce cooling-off period, he does not attend the scene of receiving the marriage certificate, and the whole city has to start all over again, so the party who files for divorce first is very tormented.

This also involves women being subjected to domestic violence, and if the length of this divorce cooling-off period is calculated, it is likely to cause greater harm during this period.

So this divorce cooling-off period, I don't know who came up with it, but I can ignore the opposition of so many people on the Internet and pass the policy in a grand manner, which is extremely scary to think about.

Many people are not satisfied with the cooling-off period for divorce because many people have already endured it for countless years or a long time before leaving. There is no need to think calmly again.

Why are many people extremely dissatisfied with the cooling-off period for divorce?I think it should be that if two people want to divorce, they desperately want to break off the relationship with each other and have no relationship. In particular, I hope that this relationship will be confirmed.

But the cooling-off period will make them. will continue to live together, so I am extremely dissatisfied.

No single rule or regulation can satisfy everyone. The setting of the cooling-off period for divorce is suitable for some people who have moved the idea of divorce because of small disputes and things, and are irrational and impulsive to divorce. But for some people who can't go on for a long time, or even those who have been subjected to domestic violence for a long time, it adds a lot of time and instability.

If you want to get back together if you are hot-headed and divorced, you can get back together, but for some ironclad people, it is difficult to estimate the various losses suffered by the cooling-off period. Therefore, many people are extremely dissatisfied with the provisions of the cooling-off period for divorce.

The main reason is that there are many families with domestic violence, and under such a system, divorce becomes very difficult.

Because the cooling-off period for divorce is actually a redundant setting, since it is said that it is necessary to go to this procedure, there is no need for this and that cooling-off period. It's a bit of a superfluous feeling, so it's extremely dissatisfied.

Everyone has their own considerations. Every family, every couple, without a couple, their actual situation is different. However, this cooling-off period for divorce is a uniform rule, and he doesn't consider what your relationship is.

Bad relationship or? What do you think? Marriage is not a rule in the first place, and it can.

The explanation is clear. The cooling-off period for divorce has its benefits. But there are drawbacks to writing.

These dissatisfied people just see its drawbacks. That's why I feel dissatisfied.

Because generally those who can tolerate it will not file for divorce, and once they do, most of them will not be able to bear the pain in marriage, which is a very rational behavior. The so-called marital cold period only prolongs the painful process of marriage and cannot change the essence of the breakdown of the marriage, so it only prolongs the pain, so it will be extremely dissatisfied.

There is no dissatisfaction, for example, after getting married, the country has introduced this policy, and it has always been hoped that the two of you will be calm and calm again, and you really want to divorce, and it is not bad for this month, or these days, think more about the consequences of divorce.

Because many people feel that having a cooling-off period for divorce will limit them, because the time is too long, so they are dissatisfied, after all, some people are eager to divorce immediately and save themselves from continuing to suffer, so they must be dissatisfied with this provision.

Why many people are extremely dissatisfied with the divorce cooling-off period regulations, most people divorce on the spur of the moment, gambling and deciding to divorce, when they are impulsive and angry, they must want to divorce as soon as possible, so they are dissatisfied with the divorce cooling-off period.

Why are there so many people who are calm about people in marriage? I am extremely dissatisfied with the deadline, and I think that if two people want to divorce, they must be desperate in their hearts and want to cut off the relationship with each other. But. The cooling-off period will make them fail to achieve their goals, so they are in a particularly bad mood.

The cooling-off period refers to the necessary time for divorce by agreement, and the husband and wife who divorce by agreement agree to reach a consensus on matters such as child support, property and debt disposal, and then both parties jointly go to the marriage registration authority where one of the parties has a permanent residence to register the divorce, and after a cooling-off period of 30 days, apply for a divorce certificate, and dissolve the marriage relationship.

[Legal basis].

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

If both husband and wife voluntarily leave the wedding banquet, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office. Information travel.

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.

Legal Analysis: The "cooling-off period for divorce" is one of the new provisions of the Civil Code. The reason why it is controversial is that the "divorce cooling-off period" makes it more difficult to get a divorce

It mainly includes the following points: during the cooling-off period of divorce, any party who regrets it can withdraw the divorce registration application; There is no corresponding mechanism for the protection of the personal and property of the parties to the divorce during the cooling-off period of divorce; During the cooling-off period, there are many uncertainties, and there may be a situation where one party reverses the original divorce agreement; I am unable to attend in person after 30 days due to work reasons;

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. If the period provided for in the preceding paragraph is completed within 30 days after the expiration of the 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.