Does divorce really need a cooling-off period?
Compiled from: Phoenix Net, NetEase News
The Third Session of the 13th National People's Congress held its closing meeting at 3 p.m. yesterday, where the "Civil Code of the People's Republic of China" was voted and passed. In the Civil Code provisions, a 30-day divorce cooling-off period is set. The so-called divorce cooling-off period means: within 30 days from the date the marriage registration authority receives the divorce application, if either party is unwilling to divorce, they may withdraw the divorce application.
Some people support this regulation. They believe that "flash marriage and flash divorce" situations can easily occur nowadays, and the divorce rate caused by "impulsive divorce" has also increased accordingly. The divorce cooling-off period can give people who impulsively want to divorce some time to think, reducing the phenomenon of "divorce that could go either way." However, at the same time, there are also many opposing voices.
Supporting voices:
Li Shaoping, a member of the National Committee of the Chinese People's Political Consultative Conference and Vice President of the Supreme People's Court, stated that for everyone, the freedom to divorce is a right granted by law and should be respected judicially. However, too many and too casual divorces can, to some extent, bring adverse effects and consequences to families and society. The starting point of establishing a divorce cooling-off period is to allow parties to exercise their right to divorce after careful and mature consideration. "Don't break up a family just because of a momentary quarrel or impulsive anger." From this perspective, "the divorce cooling-off period has its rationality, as well as its value and significance."
Wang Yi, Dean of the Law School of Renmin University of China and Secretary-General of the Civil Code Compilation Project Leadership Group of the China Law Society, believes that a good civil code should better protect and realize the freedom of civil subjects through restrictions. The establishment of the "divorce cooling-off period" reflects the dialectical relationship between freedom and restriction, and also mirrors the Chinese people's views on family and society.
Li Yalan, a deputy to the National People's Congress and President of the Heilongjiang Provincial Lawyers Association, stated that the inclusion of the divorce cooling-off period in the civil code is not a sudden idea but originates from judicial practice. "From judicial practice, we recognize that many divorces are impulsive. If there is an opportunity after the impulse to leave no trace of the divorce, and after a cooling-off period, there might be no need for remarriage. After a marital relationship has been broken, if both parties have calmed down and thought it through, they can cherish each other more. I think this is necessary."
Opposing voices:
Most opponents believe that while marriage might be a moment of being swept away by happiness, divorce is almost always a well-considered decision. Many think that adults can take responsibility for their actions, and marriage and divorce are rights everyone enjoys. Moreover, few people divorce impulsively; most make the decision after careful consideration. Even if they want to reconcile after divorce, they can do so through remarriage.
Writer Jiang Shengnan also expressed her opinion, strongly opposing the establishment of a "divorce cooling-off period" and suggesting its removal from the draft civil code. First, she believes that those who want a divorce cannot wait even a single day. Marriage is like drinking water—only the drinker knows whether it's hot or cold. For 90% of people, a "divorce cooling-off period" is unnecessary; reaching the point of divorce involves careful consideration, making such a period pointless. Moreover, it could lead to other derivative issues, such as what happens if a spouse transfers assets during the cooling-off period.
Author's viewpoint:
The author believes that Rome wasn't built in a day, and years of accumulated conflicts and disappointments from daily life cannot be resolved in just one month. The purpose of the divorce cooling-off period is to address impulsive divorces and maintain the stability of marital and family relationships. Many netizens worry that divorces caused by domestic violence might be hindered by this period. In reality, the cooling-off period in the civil code only applies to uncontested divorces; for cases involving domestic violence, the practice is usually to file for divorce in court, which is not subject to the cooling-off period.
In fact, we all know that divorce is either uncontested or contested, but many people are still influenced by traditional thinking and are reluctant to go through litigation. Even if they do, many cases are not granted a divorce on the first attempt; courts often mediate first or rule that the relationship has not broken down, denying the divorce. Such "majority rejection" cases exist, so contested divorces inherently have difficulties, leading most couples to prefer uncontested divorces for an amicable separation. However, the introduction of the divorce cooling-off period may increase the difficulty of uncontested divorces.
Marriage is meant to add joy to one's happiness. Unfortunately, some people only discover the dangers after entering marriage. Divorce is the final weapon and remedy for someone trapped in an unhappy marriage. If this is not guaranteed, who would dare to marry? Besides, divorce can be followed by remarriage; as one netizen said, we really don't lack the few yuan for a remarriage certificate!
