Can a marriage that has been temporarily restored by the cooling-off period continue?
From January 1, 2021, the Ministry of Civil Affairs will adjust the marriage registration procedures and add a cooling-off period in the divorce procedures. On March 15, the latest divorce data from the Wuhan Civil Affairs Bureau showed that in January this year, Wuhan City accepted a total of 3,096 divorce applications. As of March 5, the first batch of divorces was handled after the “30-day cooling-off period and 30-day processing period”. 1309 pairs/month are registered, and about 58% of couples give up registration after application.
It is reported that the Marriage Registration Office of the Civil Affairs Bureau of Wuchang District has pioneered the “specially loved divorce psychological counseling intervention project” in the province. The divorce registration window has added the chief intervention for divorce counseling, developed the “Divorce Willingness Questionnaire” and the counseling process. The parties can Choose to fill in the form to assess your marriage and get the pulse of your marriage. As of March 10, 1150 surveys showed that the “three killers” affecting marriage were personality differences, life trivial matters, and lack of communication, accounting for 71.13%, 30.6%, and 23.77%, respectively.

Marriage is impulse, divorce is thoughtful. 58% of couples gave up registration, but they gave up divorce without representing others. Just like the female lawyer’s answer above, they all went to the law firm for litigation. Therefore, it is very effective and one-sided to define the cooling-off period for divorce just through the reduction of data. So if there is a cooling-off period for marriage, will this data become more and less? Let’s first briefly explain the “divorce cooling-off period”. Legally speaking, the Civil Code has clearly specified the divorce cooling-off period, which means that if you apply for a divorce today, you will have to wait 30 days before you can receive the divorce. Proof of formal divorce. I think divorce can be divided into three scenarios, two people want to leave, one of the two wants to leave, and both parties want to leave. Simply bring it in. 1. Both parties want to leave this situation. Sooner or later, when the divorce occurs, the two people are tortured together. The two parties must have reached a unified opinion on the divorce after careful consideration. Basically, the relationship has been broken and there is no recovery. It’s possible, so it won’t take long. This time I didn’t leave because the time was up and there was no time, because of the persuasion of the children or family and friends. 2. One of the two parties wants to leave this situation. Generally, the gap between the two people in the married life is increasing, domestic violence, derailment, material life, one party expects too much but the other party is never satisfied, and so on. Under such a situation, I feel that the divorce cooling-off period has its irrationality. I quote a case. Therefore, for the situation where only one of the two parties wants to get a divorce, I think the divorce cooling-off period is not applicable. It is only applicable to the registered divorce through voluntary agreement between the two parties. However, the divorce cooling-off period is stipulated by the Civil Code and is a law, so its purpose is Maintain social peace and stability and give people who want to divorce and those who are about to divorce a buffer of time to consider carefully. 3. The system of both parties being angry about leaving the divorce cooling-off period is destined to be very effective in this situation, but such scenarios are after all a minority, and marriage is a child’s play, even if they are playing a child’s play, there are family and friends who are persuading them. , So this situation is naturally a minority. The system of divorce cooling-off period is naturally reasonable and legal, but after all, there are too many mixed feelings, so it cannot be supported by data alone. It is recommended to conduct research at the window and use this system in a targeted manner, otherwise it may be in the 30 days. It has become a nightmare for many people, and some people get divorced just to escape some scum. Each of us must carefully consider before we get married, because marriage is not a child’s play. We must not only accept each other’s strengths, but also consider whether we can tolerate each other’s shortcomings or whether we are willing to spend time helping each other to change their shortcomings. We cannot play with our relationship, let alone. Being a child’s play, it must be the best choice for both sides to get together at the beginning, and cherish the fate of this life. Finally, I hope that lovers in the world will stay together for a long time and have a happy marriage.


By zhiwo

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7 months ago

I came to a law firm to see that the number of clients consulting and litigating divorce has skyrocketed, all reception rooms are full, and even a labor dispute lawyer has to help receive them. According to this situation, I think a lot of the 58% may have been digested by the law firm. Maybe most people have never divorced, and they feel that they are reconciled if they don’t get the divorce certificate after one month of the divorce cooling-off period. Old fritters like us who handle marriage cases all know that divorce is rarely a promise. The two sides negotiate back and forth, back and forth. During the divorce, Chrysostom never changed it. Forgive me for my ignorance. I have never seen it before. That’s why only 58% regretted it, and 42% could still reach an agreement and a smooth divorce a month later. This ratio is already high enough to see that this day is really impossible. They divorced. How firm is your determination. In this part of repentance, most of them went to the lawyers to prepare for the lawsuit. At least, Qian and the children did not negotiate to re-draw the agreement, find new circumstances, and try to be brave, etc., and so on. If there is a problem in the marriage, it can be solved after a month. Do you believe that?

7 months ago

My cousin was so dying that the divorce cooling-off period was implemented to divorce, that is, in January this year, the man followed and found that there was a divorce cooling-off period and had to wait for a month. (Little place, I haven’t paid attention to these news) One month later, my sister took him again, and they stopped going. Did she divorce impulsively? Not really! The man is a gamble. For the first time a few years ago, hundreds of thousands were gone, so forgive me and let my heart pass. Hundreds of thousands of people will be caught again, and if this continues, let alone life getting better and better, who can afford to drag people down the abyss!

7 months ago

This conclusion is true at first glance. Is it possible that applying for a divorce is just a kind of “escalation” and “testing” of the quarrel between husband and wife? Anyway, there is a cooling-off period, and being able to go back on regrets encourages the way to threaten the other party. Impulsive divorce is only a small part, and impulsive quarrels are true. I personally feel that there is a lot of impulse to get married. Divorce is generally well thought out. The divorce cooling-off period can indeed play a “calm” effect. Perhaps many couples give up divorce because of this. At the divorce step, many things seem to be doomed. Edited 8 hours ago

7 months ago

I took a divorce counseling case. From the time I started as a trainee lawyer until I am now practicing, I am still hesitating and still thinking about it. I used to keep talking with me for at least half an hour every week, stating the pros and cons. . why? Because their husband and wife assets are around 50 million, the consultant is already 50 years old, and the housewife will lose a lot of it once divorced. And the man is unwilling to divide the property. Even if a divorce agreement and property division were signed once, both parties were torn off after signing. In fact, they still have a basis for emotions, but their careers have grown bigger, they cared less about each other, they were less considerate, and doubts increased. However, after my current peacekeeping operations, it has basically continued to be stable. Back to this cooling-off period, the same is true. The divorce is repeated over and over again. Once you get up, you will leave as soon as you get hot. If you really leave, you will regret it again and again. Therefore, some divorced people can indeed save their marriage during the trial period.

7 months ago

It happened that my cousin wanted to get a divorce, and I realized that divorce is so troublesome, especially when one party is unwilling. One of the very important conditions is that if you have been separated for 2 years, you need to be separated. If you live in two rooms together, it does not count. You need to provide evidence such as a rental contract to prove that you did not live together. That means you have to move out by yourself for two years before you can leave. No matter who bought the house, whose name, who paid the money, and whoever wants to leave, you have to go out by yourself. If you want to let the other person go, you have to be willing and unwilling. You are still a husband and wife, and no department will force each other away. After two years have passed, I have to prosecute and wait for a judgment. If the other party refuses to accept it, there will be first and second instance. How many people have this energy? Maybe a lot of people think about it and forget it. Anyway, the goal is achieved.

7 months ago

Xie Yao actually requires a little courage and impulse to get married and divorce. Will it be alright to give up this part of the divorce and go home? Not necessarily. A marriage will reach the threshold of divorce, and there must be various problems. A marriage certificate alone cannot guarantee a happy life. Failure to go through the formalities does not mean that another marriage has been saved, or it may have consumed the courage of two people to make changes and move towards a new life. Perhaps those couples who gave up may grow old in the pull and torment each other, but they no longer have the courage to take this step of change. Of course, I hope that they will make real changes due to the impact of divorce, pull their marriage back from the brink of collapse through hard work, and live a truly happy life.

7 months ago

Indeed, from the data point of view, the purpose of establishing a divorce cooling-off period has been achieved-the divorce rate has fallen. Article 1077 of the Civil Code of the People’s Republic of China: Within 30 days from the date when the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, it may withdraw the divorce registration application to the marriage registration authority. Within 30 days after the expiration of the time limit specified in the preceding paragraph, both parties shall personally go to the marriage registration authority to apply for the issuance of a divorce certificate; if they fail to apply, they shall be deemed to have withdrawn their divorce registration application. According to the regulations, during the cooling-off period, either party can request to withdraw the application due to unwillingness to divorce. But how to examine “unwilling to divorce”? Who can guess the inner drama of this party? Apply it to practice and pinch the last day to apply for cancellation. Isn’t this a tactic of delaying with the help of time difference? The number of divorce registrations may be less, but I don’t know if the number of divorce proceedings has increased.

Last edited 7 months ago by greatword
7 months ago

To provide you with some data (data source from the 2019 Civil Affairs Development Statistical Bulletin): In 2019, there were a total of 5,594 marriage registration institutions and venues across the country, of which 1,068 were marriage registration institutions, and 9.273 million pairs of marriage registrations were registered in accordance with the law throughout the year. A year-on-year decrease of 8.5%, of which 49,000 pairs of foreign and overseas Chinese, Hong Kong, Macao and Taiwan residents registered for marriage. The marriage rate was 6.6‰, which was 0.7 thousand points lower than the previous year. 4.701 million pairs of divorce procedures were handled in accordance with the law, an increase of 5.4% over the previous year. Among them, the civil affairs department registered 4.047 million divorces, and the court decided and mediated 653,000 divorces. The divorce rate was 3.4‰, an increase of 0.2 thousand points over the previous year. Whether the divorce cooling-off period is effective or not requires data from the national statistics department (expected September 22). Has the divorce rate decreased at the same time the marriage rate has decreased, and by what percentage? Is it higher or lower than the expected ratio? What is the ratio of a registered divorce to a divorce through court mediation and judgment? Is the registration of divorce partly converted into legal mediation and divorce judgment?

7 months ago

I hope that the relevant departments will collect another data-after the implementation of the divorce cooling-off period, how much has the number of divorce cases filed by the court increased? The so-called long night dreams are also used in divorce. Originally, it was shot twice, and the anger was rushed to divide. After the cooling-off period, I became calm and found that something was wrong. Didn’t I suffer from the originally promised conditions? How is the house divided and how much is the loan repaid? There is actually a small vault? After paying so much for so many years, why can’t we divide more? That’s the amount of child support? Raise that child! The two people who calmed down changed their attention from how to leave each other, to how to not suffer, and how to let each other out. Can’t talk? See you at the court. Therefore, it is estimated that 60% of the cancellation of registration during the cooling-off period went to the court.

7 months ago

Abandoning registration is not the same as impulsive divorce. This is actually a math problem. There are several situations for abandoning registration: 1. One party decides to abandon the registration, and the other party insists on divorce. To put it bluntly, one party has repented. The factors considered may be the division of property, child support, or the real desire to restore the marriage. However, in the case of the other party insisting on divorce, this situation is likely to go to court. divorce. 2. The two parties still need to further negotiate on the divorce, so both agree to temporarily abandon the registration and reapply after negotiation. In this case, either the divorce must be renewed after negotiation, or the negotiation fails to follow the path of divorce proceedings. 3. After both parties are really calm, they are willing to save the marriage and give up the divorce registration. Therefore, the only third situation in the abandonment of registration is impulsive divorce, a situation that the law hopes to reconcile through the divorce cooling-off period. But in reality, the third situation is really a very small proportion. I have been in contact with many divorce cases. Anyway, as long as one of the spouses has taken the first step of divorce, there will be a knot in my heart. Whether it is to file for divorce or to apply for divorce registration, I almost never met and continued to live after reconciliation of.

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