Lead lawyer
Guangdong Yingwu Law Firm Zhu Dongdong
With the development of the times, men and women born in the 1980s and 1990s gradually entered the marriage period, but the marital stability of modern young people is far below the average, and the lack of patience and tolerance for marriage run-in between the two parties after marriage has led to more and more phenomena of "flash marriage" and "flash separation". Many young couples have been married for less than 1 year, and they often make trouble because of small things such as pots and pans, oil, salt, sauce and vinegar, and parents' shortness, and even divorce hastily. To this end, the number of divorce registrations in China has continued to grow in recent decades, and in the halls of the Civil Affairs Bureau, we can often see that the number of divorce teams is not less than the number of marriages. Most of them are not rigorous in marriage, and when problems arise, they are not the first solution, not to repair the marriage, but to escape.
It is precisely because of the innumerable such situations that in order to maintain social harmony and family stability, since the promulgation of the Civil Code of the People's Republic of China 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 also adjusted the marriage registration procedure and added a cooling-off period to the divorce procedure.
To a certain extent, this new regulation can indeed alleviate the hasty divorce when the contradictions caused by impulsiveness, gambling and other reasons between the two parties are rashly divorced, and maintain the harmony of family relations through the stability of the marriage relationship, so as to avoid the harm of children and other family members.
Case studies
Lawyers have met such a couple, the man is a successful person with a successful career, the woman is beautiful and generous, there are three children in the family, the main woman is taking care of, because the man is often busy outside, the family companionship is relatively small, the husband and wife are less and less common language, resulting in the two sides often quarreling over trivial things in the family, and divorcing when quarreling.
Lawyers have helped them draft divorce agreements three times, these three divorce agreements are not written repeatedly and the two parties have not signed, but each time they have gone through the divorce procedures, but it is not long before the two parties remarry, which is the typical two parties are not strict about marriage, lack of responsibility for the family, because of the impulse when the contradiction occurs, gambling on divorce, so repeated, to other members of the family, especially to the children to cause immeasurable psychological harm, resulting in children lack of security and sense of belonging to the family.
compere
This situation does exist in many couples' relationships, a "hot head" divorce, quarrels at night, divorce the next morning, and regret in the afternoon. The cooling-off period for divorce is conducive to reducing the phenomenon that people regard divorce as a preferential option to avoid marital contradictions, improve the imprudent attitude of couples towards marriage relations, stimulate the sense of responsibility for marriage and family, and enable society to form a good concept of marriage and family and maintain marriage order.
Recently, the Ministry of Civil Affairs released an updated set of divorce data. According to the "Civil Affairs Statistics for the Fourth Quarter of 2021", 2.139 million couples completed divorce registration last year. This is 57.30% of the 3.733 million pairs in 2020, 1.594 million fewer pairs.
lawyer
The cooling-off period for divorce, also known as the divorce thinking period, refers to the period of calm thinking during which both parties to the marriage apply for voluntary divorce under the principle of freedom of divorce, and within a certain period of time from the date on which the marriage registration authority receives the application, either party may withdraw the divorce application and terminate the registration of divorce procedures. During this period, the parties must seriously consider whether divorce is necessary, but also think about how to arrange their lives after divorce, how to divide their property, and how to raise their children.
According to article 1077 of the Civil Code of the People's Republic of China, "If either party does not wish to divorce within 30 days from the date on which the marriage registration authority receives the application for divorce registration, it may withdraw the application for divorce registration to the marriage registration authority." Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall personally apply to the marriage registration organ for the issuance of a divorce certificate; "The marriage cooling-off period can ensure the stability of the marital relationship, prevent the impulsive and gambling hasty divorce of the husband and wife, coordinate the legitimate rights and interests of the husband and wife and minor children, and pursue substantive justice in the marriage relationship."
compere
In marriage, both husband and wife in the common life will inevitably be because of life trivialities or other issues of contradictions and friction, the word divorce is often blurted out in the process of quarrel between the husband and wife, many couples because of this blurt out of the words impulsively, run to the Civil Affairs Bureau to apply for divorce, the result is parted ways. Therefore, increasing the cooling-off period for divorce is to provide both spouses with a period of relaxation and calm, thereby greatly reducing the number of cases of divorce due to impulsiveness.
lawyer
One of the legislative purposes of the marriage cooling-off period is to reduce the number of cases of impulsive divorce, and according to the current feedback data from local civil affairs departments, there are not a few couples who have "cooled down" during the divorce cooling-off period.
Case studies
Just after the Spring Festival holiday this year, there was a party to consult marriage issues: she and her husband were introduced by friends, and after a year of love, the two sides went through marriage registration procedures, and had a lovely daughter after marriage. Originally, both husband and wife had their own careers, and the woman's economic income was relatively stable, but in the second year of marriage, the man was in a career upswing period, working hard and busy outside, and less accompanied by his family at home, so he asked the woman to quit her job and become a full-time wife, mainly taking care of her young daughter.
The woman said in the consultation, whether it is in love or after marriage, has been deeply in love with the man, in order to make the man more at ease outside to work hard, the woman also strives to manage the whole family, but as the man's work becomes more and more busy, the woman seems to feel that the man is not as enthusiastic as the love period, and the common topic is getting less and less, especially in the recent year, the contradictions between the two sides are more and more, but it has not risen to the extent of ending the relationship.
However, before the Spring Festival in 2022, the contradiction between the two sides still broke out, and the company run by the original man could not export normally due to the impact of the epidemic abroad, resulting in poor management and a plummeting business. The man believes that in order to provide a better economic life for the family, he comes out early and returns late because of the things in his career, sometimes he sleeps in the company when he is busy, and he feels that the woman not only does not understand herself, but always suspects that she has an affair, and feels that the wife not only does not do a good job of logistics support at home, but also every time she comes home to see the children's toys in the house are messy, the daughter cries from time to time, and the wife's complaints are heard in the ear, and every time she wants to communicate, she can't find a common topic. The woman believes that she only hopes that her husband can be "ordinary" and go home early every day to accompany her and the children, rather than working until late at night or even disappearing, and the powerlessness of "widowed baby" in the past two years has frustrated the woman. Both parties went to the Civil Affairs Bureau to register the divorce. After applying for divorce, the woman regretted it very much and hoped to get help to save the marriage.
In fact, the focus of the couple's contradictions is that the differences in lifestyle, work style and way of thinking lead to emotional differences. Subsequently, the woman invited the man to the law firm, and after some communication and counseling between the parties, analyzed the pros and cons, let them reflect on their own problems, let the two calm down, and divorce is no longer an "inevitable" choice.
Finally, the man and woman withdrew the divorce application after full communication in private; both sides empathized to understand each other, and now the woman is still running the housework and educating the daughter, but will share the interesting things at home or with the daughter with him after the husband returns, no longer a face of complaints, more considerate of the husband's difficulty outside; and the man also communicates with his wife more after work, patiently listens to her parents, and also spares time to accompany his wife and daughter on weekends.
compere
Companionship is the longest confession of affection, and guardianship is the most silent companionship. Marriage should be two strangers coming together, blessed and enjoying the same hardships, no matter the wind and rain, never abandoning each other for a lifetime, and staying together until they are old. More communication, more companionship and more consideration in marriage is an important part of maintaining the marital relationship. Any couple must experience quarrels and quarrels, but a day of husband and wife, both parties from the moment they know each other, they continue to pay for each other, after balancing the pros and cons, how to better maintain the marriage is the best choice.
Case studies
A couple married for 6 years, men and women work steadily, have a car and a house in Heyuan, and a pair of smart and lovely children, which is a happy and happy family in the eyes of friends.
But in fact, the two often have cold wars, quarrels, and mutual declarations of divorce because of trivial matters in life. Recently, the two sides have been in a fight over a small matter in their lives, and they have submitted a divorce application to the civil affairs department on a whim. Because the civil affairs department informed them that there was a 30-day cooling-off period, during which the two parties had to draft a divorce agreement to sign with the Civil Affairs Bureau. For this reason, the husband and wife have difficulties in the divorce agreement and seek a solution to the lawyer.
However, in the process of communicating with the two parties, the lawyer found that the two parties did not have irreconcilable contradictions, nor did they make errors in principle, and then analyzed the advantages and disadvantages of divorce and the harm to the children for the two parties, and also popularized relevant laws, such as the division of marital property by agreement divorce, the assumption of joint debts of the husband and wife, the maintenance of children and how to pay maintenance, etc., so that the two parties realized that this is not just a simple issue of weak feelings between husband and wife. Through rational discussion, the two parties finally choose to try to maintain the marital relationship again.
To this end, the two parties agree on a "divorce plan" during the divorce cooling period, and implement mutual agreements within the family, such as not living separately, children taking turns to take care of each other, not complaining to each other and blaming each other, not invading each other's privacy, half of the share of housework, public records of family income and expenditure, and so on.
According to the feedback of both sides, during this period, the two not only did not quarrel once, but more understanding each other, the man no longer spoke in the strong tone of the past, the woman no longer complained so much, and their emotions relaxed a lot.
In addition, the man also said that in the past, the woman was taking care of the family, every time after giving living expenses, she did not know where the woman would use the money, always felt that life did not need to spend too much, the woman was not thrifty enough, but through this divorce plan, sharing housework with the wife, taking care of the children together, did not know that the vegetable market did not know that chai rice oil and salt were expensive, as well as children, family daily food, clothing and housing, only to find that the woman was actually very frugal, and the household goods were economical. For this reason, the contradictions and complaints between each other have gradually disappeared, and finally the two have decided not to divorce and withdraw the divorce application.
compere
Is it not conducive to the protection of the party who has been subjected to domestic violence in the face of divorce due to domestic violence, and is the cooling-off period for divorce still applicable? Do I have to wait 30 days before I can get a divorce? What are the solutions to such marital problems?
lawyer
Litigation divorce is between the husband and wife, there is always one party does not agree to the divorce, or there are other disputes that can not reach an agreement, so it is necessary to file a lawsuit with the court for adjudication, litigation divorce does not have the problem of calmness during the divorce agreed by the parties.
According to article 1079 of the Civil Code, "Where one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court." People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, a divorce shall be granted. Divorce shall be granted in any of the following circumstances where mediation is ineffective: (1) bigamy or cohabitation with another person; (2) domestic violence or abuse or abandonment of family members; (3) repeated mischief such as gambling and drug addiction; (4) separation for two years due to emotional discord; (5) other circumstances that lead to the breakdown of the couple's feelings. Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted. Where, after the people's court has ruled that divorce is not allowed, and the two parties have lived apart for another year, and one of the parties initiates divorce proceedings again, the divorce shall be granted. "To this end, the cooling-off period for divorce is aimed at impulsive divorce and hasty divorce, advocating a clear consideration before making up your mind to divorce." Therefore, stipulating a cooling-off period for registering divorce is not to restrict the freedom of divorce, but to ensure the freedom of divorce.
The cooling-off period for divorce has played an effective role in reducing the divorce rate, but the main role is to reduce impulsive divorce, reduce the pressure of court litigation, and reduce the litigation costs of the parties. In fact, many couples still have more cases of impulsive divorce, often because of quarrels, are angry, both sides have not given in, and in the end they have to give their own steps in the form of divorce. Setting a cooling-off period for divorce not only has room for each other to buffer more time, but also plays a role in maintaining the stability of marriage and family relations.
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