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Source title: Divorce cooling off period is approaching and the new process cannot ignore these “30 days”
In one month the Civil Code will be officially implemented and the “reflection period for divorce”, which has a high degree of social concern, will also enter the countdown stage. If you want to get divorced next year, how many steps will you take?
Recently, the Department of Civil Affairs issued the “Regarding the implementation<中华人民共和国民法典>The Notice on the Provisions on Marriage Registration in China, to Adjust the Marriage Registration Procedures. The newly adjusted divorce registration procedure is divided into 5 steps: application, acceptance, reflection period, review and registration (certification).
If both parties do not obtain the certificate together within 30 days after the expiration of the reflection period, the divorce application will be considered withdrawn.
According to the “Notice” issued by the Ministry of Civil Affairs, if both parties voluntarily divorce, they must sign a written divorce agreement and submit a joint application to the marriage registration agency with jurisdiction; During the 30-day cooling-off period, if either party does not wish to divorce, they may have the relevant documents The application for divorce registration will be withdrawn to the marriage agency that accepted the application for divorce registration; If both parties do not jointly request the issuance of a divorce certificate at the marriage registration agency within 30 days after the expiration of the divorce cooling-off period, the divorce registration application will be considered withdrawn.
The above notice has two “30 days”, one is the cooling off period and the other is the “30 days” after the expiration of the cooling off period. Within seconds “30 days”, if you do not request a divorce certificate from the civil affairs department If it is, it is considered revoked.
Of course, if both parties clearly want a divorce, within seconds “30 days”, they can take the materials to the marriage registry office to request a divorce certificate. The “Notice” clearly stated that, within 30 days after the expiration of the divorce reflection period, both parties should possess the certificates and materials stipulated in article 55 (4) to (7) of the “Regulation for registration of marriages “to jointly register for marriage. The agency requested a certificate of divorce.
What should I do when there is a cooling off period for divorce in situations like domestic violence?
The controversy that accompanies the divorce cooling-off period is whether setting the divorce cooling-off period will cause the victim to suffer further damage if there is domestic violence.
Earlier, the Legal Work Committee of the Standing Committee of the National People’s Congress responded that the cooling-off period system of divorce only applies to divorce by agreement. For those who file for a domestic violence divorce, it is usually resolved through litigation.
In other words, the “divorce cooling-off period” only applies to divorce by agreement. People’s courts do not apply the “divorce cooling-off period” provided for in divorce cases. If one of the spouses has domestic violence, gambling, bigamy, etc., the other can go directly to the people’s court to file a lawsuit and request a divorce, to avoid violating their legal rights.
Beijing News reporter Wang Jun
