“Calm period of divorce” to be implemented expert: domestic violence is not applicable

It will be formally implemented from January 1, 2021, among which the new “calm period of divorce” has attracted the attention of netizens. Recently, the Shanghai Municipal Bureau of Civil Affairs announced the relevant preparations for the implementation of the civil code, which clearly stated that the divorce registration process would be revised: in the future, during the 30 day “cooling off period”, any couple who does not want to divorce can withdraw the divorce registration application to the civil affairs department. According to the notice, according to the relevant provisions of the civil code, the process of divorce registration in Shanghai will be as follows: the husband and wife should first submit an application for divorce registration to the marriage registration authority, and then wait for 30 days. During this period, if either party does not want to divorce, the application can be withdrawn from the marriage registration authority. If both parties fail to withdraw their application to the Civil Affairs Bureau within 30 days, both parties shall jointly apply for divorce certificate in person at the marriage registration authority within the next 30 days. After examination, the marriage registration authority will register and issue a divorce certificate. If both parties fail to apply for the divorce certificate in person during this period, the divorce registration application will be deemed to have been withdrawn. It is necessary to formulate and revise the working procedures of the new procedures for handling divorce, including the requirements of the new procedures for handling divorce. At present, Shanghai has upgraded the marriage management information system and specially developed the operation module for the “calm period of divorce”. Since the publication of the civil code, people’s daily life has attracted much attention. As for the “calm period of divorce”, netizens who support it believe that there is no irreconcilable contradiction between many couples in divorce. The “cooling off period” has set up a buffer zone for impulsive divorce, reflecting the humanistic care of justice. However, some people are worried that “if the difficulty of divorce increases, will it cause more harm to the disadvantaged party in marriage?” “Can domestic violence victims get divorced successfully?” According to the reporter, there are two ways of divorce by agreement and litigation in the civil code. The “calm period of divorce” only applies to divorce by agreement, not litigation divorce. Ye Mingyi, a professor at the Law School of Shanghai University of Finance and economics and director of the family law research center, said that for victims of domestic violence, it is the right way to sue for divorce in the court, because under such circumstances, the victims’ demands are not only divorce, but also the protection of their other legal rights and interests. It is understood that after the promulgation of the civil code, the Ministry of Civil Affairs has issued a document to adjust the relevant procedures for marriage registration, making it clear that the marriage registration authority will no longer accept the application for annulment of marriage due to coercion; in case of marriage due to coercion, the coerced party may apply to the people’s court for the annulment of marriage. Experts believe that the new rules clarify the respective jurisdiction of laws and policies, and will better protect the disadvantaged party in marriage. < p > < p > Shu Xin, a marriage expert, believes that setting up a “cooling off period for divorce” can make both husband and wife treat marriage more prudently. “At a time when the divorce rate is growing, moderately raising the threshold of divorce will help to enhance young people’s sense of responsibility for marriage and better protect the rights and interests of their children.” You can play with mobile phones during pregnancy, but these four methods of “hurting your fetus” are not advisable. Be careful of the damage to Taibao