Except for those who have suffered domestic violence! The Ministry of Civil Affairs made it clear: the period of reflection does not apply to divorce litigation |

Original title: Except for those who have suffered domestic violence! The Ministry of Civil Affairs made it clear: the reflection period does not apply to divorce proceedings

According to news from the website of the Ministry of Civil Affairs on December 4, the Ministry of Civil Affairs is scheduled to carry out this morningsocietyRelated mattersjobsNews summary.

At the meeting, some journalists asked questions about the reflection period. Now the issue of greatest concern is that everyonesensationThe divorce record will help the person committing domestic violence to commit domestic violence with their other partner. Will the cooling off period of divorce be detrimental to protecting the victim of domestic violence?

Yang Zongtao, a second-level inspector in the Department of Social Affairs of the Ministry of Civil Affairs, said that the provisions of the Civil Code on the cooling-off period system for divorce only apply to divorce by agreement.For domestic violence cases, the parties can file for divorce in court and the cooling off period system for divorce does not apply to filing for divorce. Therefore, the reflection period does not present problems that do not lead to protecting the parties who have suffered domestic violence.

Another journalist asked if we have to file a divorce agreement when we file for divorce. What precautions?

Yang Zongtao: It is not necessary. Article 1076 of the “Civil Code” stipulates: “If both spouses voluntarily divorce, they must sign a written divorce agreement and go to the marriage registry office to request the divorce registration in person. The divorce agreement must specify the intention of both parties to divorce voluntarily and thepropertyAnd debt management and other agreed mattersopinion. “According to the adjusted divorce registration procedures, both parties must submit a joint application to the marriage registration authority and sign the” Application for Divorce Registration “, which reads” We both divorced voluntarily and have dealt with matters such as child support, property, and debts. A consensus is reached, both parties have full rightsbehaviorcapacity.The content of the above application is completely true.responsibility. Therefore, the parties involved in a voluntary divorce can be considered to have reached a consensus agreement on matters such as child support, property, and debt management. In addition, prior to the cooling off period of the divorce and the formal registration of the divorce, the parties are responsible for the support of children, property, and debts. Disposal views on matters such as settlement may also change, which will also lead to changes in the content of the agreement. At the same time, the effective time of the divorce agreement should be the same as the time when the divorce registration is completed, and the filing of the divorce agreement will not impose the rights and obligations of the parties. Have a substantial impact. Therefore, to facilitate the parties, simplify the divorce registration procedures and optimize the divorce registrationProcess， 《realize》 The parties are not required to submit the divorce agreement at the divorce application stage, but only to submit the text of the divorce agreement when the divorce record is officially handled.

(Source: Daily Economic News)

(Editor in charge: DF537)