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The implementation of the new rules for the cooling off period for divorce is imminent. Experts suggest:
Establish a mechanism to support the reflection period of divorce and increase the intervention of social organizations.
The “Civil Code of the People’s Republic of China” will enter into force on January 1, 2021, and the “Notice of the Ministry of Civil Affairs on the Application of Issues Relating to the Registration of Marriages in the” Civil Code of the People’s Republic China’s “” will be issued recently, stipulating that a cooling-off period will be added to the divorce process.
According to the regulations, as of January 1, 2021, the divorce registration in mainland China will be adjusted from the current four-step procedure of “initial review-acceptance-review-registration (certification)” to “application-acceptance- period of reflection-review-registration (emission). Certificate) ”5 steps. Within 30 days after the expiration of the divorce cooling off period, both parties to the divorce record must jointly obtain the divorce certificate from the marriage registry office. If the divorce petition is not obtained after the time limit, it is considered withdrawn.
As soon as the new regulations came out, some netizens lamented that “divorce is too difficult”; some netizens think that “setting a cooling-off period is suspected of restricting the freedom of marriage”; some netizens made fun of “if you want a divorce, hurry up and make a date”; When there is a cooling-off period, you can also set a cooling-off period for marriage registration. “Some netizens believe that” the new rules will help curb the phenomenon of ‘flash marriage and flash off’. “
Will setting the divorce cooling-off period make the divorce more difficult? What happens if one of the parties disagrees with the divorce during the cooling off period of the divorce? Is the cooling off period of divorce bad for victims of domestic violence? How to rationally deal with problems in the reflection period of divorce? In response to the particular concerns of these young people, reporters for China Youth Daily and China Youth Daily interviewed relevant experts.
Divorce is not as simple as “one chance and two breakups”
When interviewed by reporters for China Youth Daily and China Youth Daily, Yang Xiaolin, executive director of the China Law Society Marriage and Family Law Research Association and a lawyer for the Beijing Tianchi Juntai law firm, believes that the Establishing the reflection period on divorce makes it exceptional before the implementation of the Civil Code. , The divorce registration process that can be completed in one day or even tens of minutes has been extended for 30 days; from the original two parts to the Office of Civil Affairs, it can be completed once, and both parts must go to the Office of Civil Affairs at least twice. It can be completed.
In Yang Xiaolin’s opinion, citizens have the freedom to marry and divorce, but divorce implies the dissolution of the relationship between husband and wife and the support of minor children under this premise, the division of the property of husband and wife and the processing of claims and debts. Therefore, divorce is not just a private matter for the husband and wife. All of this can be carefully considered during the 30-day divorce cooling-off period.
Yang Xiaolin said that divorce is not as simple as “one shot and two breaks” between the couple. Both parties should think carefully, listen to the opinions of family and friends when necessary, or turn to legal professionals, and properly handle related matters after divorce to avoid impulsive dissolution of the marriage. Carefully negotiate child support arrangements and property division plans, and even prevent one party from fraudulently divorcing the other. “It is necessary to establish a cooling off period for divorce. The 30-day cooling off period can not only reduce the phenomenon of hasty divorce, but can also make the divorce have a result.” He won’t be undecided for long. “
Divorce cooling off period can cool “sudden marriage and divorce”
What happens if one of the parties disagrees with the divorce during the cooling off period of the divorce? Wang Jinhua, director of the Department of Social Affairs of the Ministry of Civil Affairs, said: “As long as either party disagrees with the divorce during this period, it means that the two parties have not reached a consensus. Or go to the court to file for divorce, or two people live together, which indicates that we must reflect calmly. “
“Setting a cooling-off period for divorce can make people treat marriage more carefully.” Zhang Fengchun, a senior consultant at Beijing Weiheng law firm, analyzed the divorce cases he has represented in the past and believes that some young couples choose to deal with their parents, social housing and placement work. The “sudden marriage” is also a “false divorce” due to the disagreement in values or some blockages, some couples choose the “false divorce” due to the economic benefits that the purchase restriction policy brings.
Zhang Fengchun analyzed that establishing a divorce reflection period, on the one hand, allows both parties to the divorce more time to consider when agreeing on the content of the divorce agreement. If there are objections to the agreement or regret, there are ways to withdraw it; on the other hand, it can restrict Divorced parties “quick marriage and divorce” restrict the transfer of houses and vehicles in the name of “false marriage”.
Some netizens noted: If one of the parties regrets during the reflection period, the divorce by agreement is likely to turn into a divorce by litigation. In less than a year, the marriage is basically inseparable.
Zhang Fengchun believes that this situation is worth paying attention to. Disapproval of divorce by one of the parties may lead some people to apply for divorce instead of divorce by agreement, which will increase the number of divorce proceedings in people’s courts.
“Many people, especially young people, are not calm when dealing with marital conflicts and lack the ability to deal with marital conflicts.” Zhang Fengchun pointed out that during the reflection period, social organizations will be added to intervene and provide the corresponding scientific advice for the marital disputes of the divorced parties. It will help resolve conflicts and reduce divorce.
“Civil affairs departments and other social organizations should consider establishing a support mechanism for the divorce cooling-off period.” Yang Xiaolin believes that regardless of marriage or divorce, marriage should be more respected. Marriage and family counselors, psychological counselors, and attorneys should intervene without delay with parties requesting divorce registration by agreement. Both parties must conduct psychological evaluation and counseling at appropriate times to properly resolve conflicts and achieve the purpose of adjusting, repairing, and treating family relationships.
The cooling-off period does not apply to divorce and domestic violence proceedings
Recently, domestic violence cases have occurred frequently, and some people fear that the reflection period of divorce will hamper divorce for victims of domestic violence. In this regard, Yang Zongtao, a second-level inspector of 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. In the case of domestic violence, the parties can file a legal action in court. Article 1079 of the Civil Code clearly establishes that due to intra-family violence or abuse or neglect of family members, the court will approve the divorce. The divorce process does not apply to the divorce cooling-off period system. “Therefore, the reflection period for divorce does not present problems that do not lead to protecting the parties who have suffered domestic violence.”
Yang Xiaolin pointed out that the establishment of the divorce cooling-off period is to use legal means to reduce reckless divorce and protect the freedom of divorce. Victims of domestic violence must speak out in a timely manner, defend personal rights, and use legal methods appropriately and appropriately. Combined with previous divorce cases involving domestic violence, domestic violence marriages are often the case where the violent party disagrees with the divorce, and it is rare that both parties can agree to divorce. “The victim of domestic violence sues for divorce and the focus of the lawsuit is domestic violence. The question of identification, if domestic violence is identified, is a statutory situation in which the couple’s relationship is broken and the people’s court can directly judge their divorce according to the law. “
Yang Xiaolin further explained that, according to the Law Against Domestic Violence, in divorce proceedings, if the victim suffers domestic violence or is at risk of domestic violence, he has the right to apply for a personal safety protection order before the people’s court, and the court will make a decision within 72 hours; Under circumstances, the relevant parties have the right to request an emergency protective order and the court will make a decision within 24 hours. If the parties are unable to submit a request in writing, they may submit a request orally.
China Youth Daily China Youth Daily Journalist Jiao Minlong
