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'Cooling-off' period eyes rational end to marriage

Updated: Dec 5, 2020 By ZHAO XINYING China Daily Print
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Under the Civil Code, couples will have a 30-day cooling-off period after handing their divorce application to the civil affairs department. [Photo/VCG]

The new "cooling-off" period before divorce proceedings are finalized can only be applied in cases when couples agree to divorce, and is not to be used in cases involving domestic violence, a civil affairs official said on Friday.

Under the Civil Code, which comes into effect on Jan 1, couples will have a 30-day cooling-off period after handing their divorce application to the civil affairs department. During the period, either party can withdraw the application.

Yang Zongtao, a senior official of the Ministry of Civil Affairs' social affairs department, said at a news briefing in Beijing that the application system should only be used by couples who had reached an amiable agreement. Situations involving domestic violence are better served through the court system, Yang said.

His remarks were directed at concerns raised by many Chinese internet users that this new rule might make it more difficult for people suffering from domestic violence to seek an end to a miserable relationship.

Wang Jinhua, director of the social affairs department, said the cooling-off period is in fact designed for couples to avoid making impulsive decisions.

"The period offers them an opportunity to give a second thought to their marriage, to think whether they have really fallen out, and whether they have properly arranged their matters afterward concerning children or other family members," he said.

This will change the procedure of divorce registration too, Wang said.

Previously, a couple who agreed to divorce had to undergo four procedures before officially terminating the marriage-handing in application, the civil affair department receiving the application, reviewing all related materials and issuing divorce certificates, he said.

Starting from Jan 1, the cooling-off period will be added.

After 30 days, if both parties still insist on divorce, they should proceed to the civil affairs department in person and ask for the issuance of their divorce certificates. Otherwise, they will be treated as having withdrawn the application.

This has sparked heated debate among Chinese internet users, with some airing their worries that the new rule will prolong the process and add to the difficulty for people aspiring to end a terrible marriage.

Some people expressed their concerns about getting married. On Weibo, a Chinese micro-blogging platform, comments like "We also need a cooling-off period before entering marriage, considering that it might be difficult to exit" have received many likes.

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