Will the calm period of divorce become a “window risk period”? Expert interpretation

In order to implement the marriage registration system, the civil law will be implemented from January 2021. From January 1, 2021, the newly adjusted divorce registration procedure includes the following five steps: application → acceptance → cooling off period → examination → registration. < / P > < p > among them, the divorce cooling off period is set as 30 days; within 30 days after the expiration of the “another” 30 days, both parties need to go to the marriage registration authority to get the divorce certificate. If they fail to collect the divorce certificate within the time limit, it will be deemed that the divorce application has been withdrawn. < / P > < p > in addition, the marriage registration authority will no longer accept applications for cancellation due to forced marriage. According to the civil code, “if a person marries under duress, the coerced party may apply to the people’s court to cancel the marriage.” < / P > < p > why should we set a cooling off period for divorce? Experts say the 30 day cooling off period is not against the principle of “freedom of divorce”, but to prevent impulsive divorce in the process of divorce by agreement, and it only applies to divorce by agreement. Wang Dan, judge of the first people’s Court of the Supreme People’s Court: first of all, it helps to reduce the number of impulsive divorce. In the trial practice, we found that part of the current divorce is this impulsive divorce. In the impulsive divorce, if the court decides it, it may not only terminate the marriage relationship between both parties, but also have a great impact on the maintenance of children and the elderly. Xia Yinlan, Professor of China University of political science and Law: Well, I think the purpose of the provisions on the cooling off period of divorce is not to restrict the freedom of divorce, but to ensure that the meaning of the parties to divorce is truly voluntary. What does that mean? That is to say, we have stipulated a cooling off period for divorce. During this period, you should seriously and carefully consider whether you want a divorce? Should we get a divorce? Is divorce your real meaning? To prevent the parties from impulsive and hasty divorce, and also to prevent the parties from having many or even avoiding the policy of such hasty divorce, so I think it is very necessary to stipulate the cooling off period of divorce. The divorce cooling off period has not been implemented yet, but some people have been thinking about it. Will the calm period of divorce become a “window risk period” in the event of wasting property, transferring property, counterfeiting debt, domestic violence, cheating in marriage and so on? Experts say there is no cooling off period for divorce in litigation. In the case of domestic violence, abandonment and so on, the two parties can choose to divorce by lawsuit. In divorce litigation, “mediation” is also a necessary procedure. Mediation includes two forms: reconciliation and transfer. < / P > < p > in the case of transfer, there will be a situation of “long-term mediation”. On the one hand, our laws and relevant judicial interpretations do not make rigid provisions on the time of mediation. In addition, divorce involves emotional problems, people are easy to get excited, often need to ease the mood of both sides, resulting in a lot of divorce cases delay for a long time. In the case of “long-term transfer”, article 1079 of the civil code added the situation of “divorce shall be granted if one party brings another divorce lawsuit after the people’s court has ruled that divorce is not allowed after the people’s court has ruled that the two parties have lived apart for one year. Some experts say that if one party encounters domestic violence, it should pay attention to collecting evidence of domestic violence, such as collecting evidence through reporting to the police, examining injuries and so on, and suing the court for divorce, so as to try to get a divorce as soon as possible, rather than negotiating with the other party in an unrealistic way. The cooling off period of divorce is just a dose of regret medicine for those who divorce impulsively, not a shelter for domestic violence. 08/16/2020