How to calculate the 30 day cooling off period of divorce? What about domestic violence? Response from the Ministry of Civil Affairs

Starting from January 1, 2021, with the formal implementation of the “divorce cooling off period”, which has aroused heated social discussion, will also be implemented. How many steps should be taken in future divorce by agreement? How to calculate the 30 day cooling off period of divorce? If one of them has domestic violence, does divorce still need a cooling off period? Recently, the Ministry of Civil Affairs issued an adjustment to the marriage registration procedure. Related topics have aroused heated discussion in the field of public opinion once again. < / P > < p > “the adjusted divorce registration procedure is” application acceptance cool down period review registration ” Yang zongtao, a secondary inspector of the Social Affairs Department of the Ministry of civil affairs, said at a press conference on the 4th. < p > < p > he said that in the case of a voluntary divorce between husband and wife, a written divorce agreement should be signed, and the application should be filed with the competent marriage registration authority with relevant certificates and supporting materials. < p > < p > cooling off period, that is, within 30 days from the date of receiving the divorce registration application by the marriage registration authority, any party who is not willing to divorce may apply to withdraw the divorce registration. At the same time, within 30 days after the expiration of the cooling off period for divorce, if both parties fail to jointly apply to the marriage registration authority for issuing a divorce certificate, the divorce registration application shall be deemed to have been withdrawn. < p > < p > examination, that is, within 30 days after the expiration of the cooling off period of divorce, the marriage registration authority shall review the true wishes, certificates and supporting materials, and divorce agreement of the parties concerned in accordance with relevant provisions. At the press conference, Wang Jinhua, director general of the Department of social affairs of the Ministry of civil affairs, said in response to a question raised by a reporter from China news agency that in 30 days, if the two parties fail to apply for registration at the marriage registration authority within 30 days after the holiday, it will be deemed that the divorce application is withdrawn. Wang Jinhua said, “during this period, if either party says that he or she does not agree to divorce, it means that both parties have not reached a consensus. Either they will go to the court for divorce, or they will live together, which means that you have to rethink calmly.” However, there are no essential changes in the relevant elements. The main purpose is to increase a threshold for those who divorce rashly or impulsively. Whether or not to consider clearly whether their feelings are really broken, whether to reach consensus on matters such as child support, property and debt treatment. In the case of domestic violence, the parties concerned can sue for divorce in the court, and the system of divorce cooling off period is not applicable to suing for divorce, he said. Therefore, there is no problem that is not conducive to the protection of victims of domestic violence. Focus