Ministry of Civil Affairs: a reflection period for divorce will be established as of January 1 of next year

Original title: Ministry of Civil Affairs: a reflection period for divorce will be established as of January 1 of next year

The “Civil Code of the People’s Republic of China” will enter into force on January 1, 2021. In order to implement the provisions of the Civil Code on the cooling-off period system for divorce, the Ministry of Civil Affairs has adjusted the registration procedures marriage and has added a reflection period in the divorce process.

Newly adjusted adjustment divorce registration procedures include application, acceptance, reflection period, review, registration (certification) and other procedures.

　　Request.If both spouses voluntarily divorce, they must sign a written divorce agreement, jointly apply for it to the marriage registration authority with jurisdiction, and provide the relevant supporting materials and certificates.

　　To accept.According to the “Marriage RegistryjobsThe relevant provisions of the Code conduct a preliminary review of the materials submitted by the parties and issue a “Receipt of acceptance of the application for divorce registration” after the initial review of the documents and certification materials submitted by the parties. is correct. Those who do not meet the requirements for divorce registration applications will not be accepted. If the party requests the issuance of the “Notice of Non-Acceptance of the Application for Divorce Registration”, it will be issued.

　　Cooling period.Within 30 days from the date the marriage registration authority receives the divorce registration request and issues the “Divorce Registration Request Acceptance Receipt Form” to the parties, if any of the parties are not willing to divorce, they can present their valid identification and the “Divorce Registration Application Acceptance Receipt Form” (If lost, may not be provided, but a written explanation is required), remove the application for divorce registration to the marriage registration agency that accepts the application for divorce registration and completes the “Application for withdrawal of divorce registration” in person. After verification by the marriage registration authority, the “Confirmation form for the withdrawal of the application for divorce registration” and the “Request for divorce registration”, the “Request for withdrawal of the registration of divorce “and the” Confirmation form for the withdrawal of the application for divorce registration (stub sheet) “are issued together File.

Within 30 days after the expiration of the divorce cooling-off period, if both parties do not jointly request the issuance of a divorce certificate at the marriage registration authority, the application for divorce registration will be considered withdrawn.

　　Review.Within 30 days after the expiration of the divorce reflection period (if the last day of the period is a holiday, the first day after the holiday will be the expiration date), both parties will maintain article 55 of the “Regulation for the registration of marriages “. (4) to (7) of the documents and materials, jointly apply to the marriage registration agency to issue a divorce certificate.

The marriage registration authority will implement and review the procedures and conditions stipulated in the “Regulations for the work of marriage registration”. The marriage registration authority will not deal with those who do not meet the conditions for divorce registration. If the party requests the issuance of a “Notice of Non-Approval of Divorce Record” (Exhibit 7), it will be issued.

　　Registration (licensing).The marriage registration agency shall register and issue a divorce certificate in accordance with the “Regulations on the work of marriage registration”.

(Source: CCTV Newsclientfinish)

(Editor in charge: DF358)