On October 1, 2023, a brand-new marriage law rule officially came into effect in the mainland, which has aroused widespread concern in the society, especially the major adjustment of divorce provisions. So, what exactly has changed in the new rules, and will couples really not be able to dissolve their marriage? This article will interpret the rules of the new marriage law from the following three aspects:
1. The main contents of the rules of the new marriage law
The rules of the new Marriage Law are formulated in accordance with the amendments to the Civil Code adopted in December 2022, and the main purpose is to protect the stability and harmony of marriage and family, maintain social order and public interests, and prevent problems such as rash divorce and domestic violence. The main elements of the new Marriage Law rules include:
· Increase the cooling-off period for divorce: According to the new regulations, if a couple wants to divorce by agreement, they must first apply to the civil affairs department for registration, and after a cooling-off period of three months, the application can be revoked at any time. If you still insist on divorce after the cooling-off period expires, you can officially go through the divorce procedures. In addition, if the couple has minor children or one of the parties has special circumstances such as a major illness, the civil affairs department can extend the cooling-off period to six months. The purpose of the cooling-off period is to give the couple enough time to think and communicate, avoiding irreversible consequences due to impulse.
· Restricted litigation divorce: According to the new regulations, if a couple wants to divorce by litigation, they must first apply to the people's court, and after a six-month mediation period, during which a judge or professional institution conducts mediation and guidance. If no agreement can be reached after the mediation period, the trial procedure can be entered. In addition, if the couple has minor children or one of the parties has special circumstances such as a major illness, the people's court may extend the mediation period to one year. The purpose of the mediation period is to facilitate reconciliation and reunion between the couple as much as possible, and to reduce the number and difficulty of litigation divorces.
· Improvement of property division and maintenance rights: According to the new regulations, in the event of divorce, couples should divide their common property in accordance with the principle of equality, taking into account their respective contributions and sacrifices to family life and career development. If one party commits significant acts of damage before or after the divorce, such as squandering, transferring, concealing, destroying common property, etc., the other party may demand an increase in the proportion of division or compensation for losses. In addition, if one party needs maintenance after divorce, such as unable to maintain his life due to old age, illness, disability, etc., or assumes the obligation to raise minor children or support the elderly, the other party shall give appropriate maintenance in accordance with the law and the actual situation. The amount and duration of alimony shall be negotiated by the parties or decided by the people's court.
2. Major adjustments to the rules of the new Marriage Law
Compared with the original Marriage Law, the rules of the new Marriage Law have the following major adjustments:
· From simple divorce to strict divorce: The original Marriage Law stipulated that if couples wanted to divorce by agreement, they only needed to apply for registration with the civil affairs department, and they could go through the divorce procedures without going through any cooling-off period or mediation period. This has led to an increase in the divorce rate in the mainland year by year, especially in recent years, there has been a "flash divorce" phenomenon, that is, couples choose to divorce for various reasons shortly after marriage. According to statistics, the divorce rate in mainland China increased from 2.0‰ in 2010 to 3.4‰ in 2020, of which more than 4 million couples chose divorce by agreement in 2020. The rules of the new Marriage Law raise the threshold and cost of divorce by increasing the cooling-off period for divorce and restricting litigation divorce, thereby curbing the trend of rash divorce and "flash divorce" and protecting the stability of marriage and family.
· From compulsory to autonomous division: The original marriage law stipulated that in the event of divorce, couples must divide their common property according to the principle of equality, regardless of their respective contributions and sacrifices to family life and career development. This has led to unfair and unreasonable results, such as one party not working or participating in household chores after marriage, while the other spouse has worked hard or started a business after marriage and accumulated a large amount of property, which is divided equally among the other party in the event of divorce. By improving the right to property division and maintenance, the new rules of the Marriage Law give couples more autonomy and flexibility, and can negotiate or litigate according to their own circumstances and wishes, so as to achieve fairness and reasonableness in property division.
From weak protection to strong protection: The original Marriage Law stipulated that when there was domestic violence, abuse, abandonment, etc. between the couple, the injured party could request a divorce and could request the people's court to judge the other party to bear the corresponding civil liability. However, in practice, the injured party often faces problems such as insufficient evidence, complicated procedures, and difficulty in enforcement, and it is difficult to obtain effective remedies. The rules of the new Marriage Law strengthen the protection of injured parties by increasing penalties and remedies for acts such as domestic violence. For example, if one party commits significant damage before or after the divorce, the other party may claim an increase in the proportion of the split or compensation for damages. For example, if one party commits domestic violence before or after the divorce, the other party can demand compensation for moral damage from the other party, and can apply to the people's court to issue a personal safety protection order prohibiting the other party from approaching or harassing him.
Third, the social impact of the rules of the new marriage law
The promulgation of the new rules of the Marriage Law has undoubtedly had a far-reaching impact on the mainland's marriage, family and social development. In general, the social impact of the new marriage law rules can be analyzed from the following aspects:
· Improve the quality of marriage: By increasing the cooling-off period for divorce and limiting litigation divorce, the new Marriage Law rules encourage couples to carefully consider and fully communicate before deciding to divorce, and avoid unnecessary breakups caused by impulses or misunderstandings. At the same time, by improving the right to property division and maintenance, couples are encouraged to assume equal responsibilities and obligations in marriage, jointly safeguard family life and career development, and enhance trust and respect between husband and wife. These measures are conducive to improving the quality of marriage on the mainland, reducing the divorce rate, and promoting family harmony and social stability.
· Protection of vulnerable groups: The new rules of the Marriage Law strengthen the protection of injured parties by increasing penalties and remedies for acts such as domestic violence. This is a strong support and encouragement for those vulnerable groups who have suffered injustices such as violence, abuse, and abandonment in marriage, such as women, the elderly, and the disabled. They can more easily get out of an unhappy marriage, receive due compensation and support, and rebuild their lives and dignity. This is conducive to safeguarding their basic human rights and interests and improving their social status and well-being.
· Adapt to social changes: The rules of the new marriage law are formulated according to the current social situation in the mainland, reflecting the trend and needs of the mainland's social changes. With the economic development and social progress of the mainland, people's concepts and expectations for marriage and family have also changed. On the one hand, people attach more importance to personal freedom and choice, do not want to be bound by traditional morals and customs, and are more likely to express their dissatisfaction or infidelity in marriage. On the other hand, people are also more concerned about the rights and interests of individuals, unwilling to endure unfair or unreasonable treatment, and are more likely to seek legal help and protection. The rules of the new marriage law adapt to the needs of the changes in mainland society by balancing the autonomy and responsibility between husband and wife, respecting their individuality and wishes, and regulating their behavior and obligations.
In short, the new marriage regulations are an important part of the amendment to the mainland civil code, and a major reform and improvement of the mainland marriage and family system. The introduction of the new rules of the Marriage Law aims to protect the stability and harmony of marriage and family, maintain social order and public interests, and prevent problems such as reckless divorce and domestic violence. The implementation of the new Marriage Law has undoubtedly had a positive impact on the quality of marriage, vulnerable groups and social changes in the mainland, and deserves our extensive attention and support.