Does divorce really need a cooling-off period?
Compiled from: Phoenix Net, NetEase News
The closing meeting of the third session of the 13th National People's Congress was held at 3 p.m. yesterday, during which the Civil Code of the People's Republic of China was voted through. The Civil Code provides for a 30-day divorce cooling-off period. The so-called divorce cooling-off period means that within 30 days from the date the marriage registration authority receives the divorce registration application, if either party is unwilling to divorce, they may withdraw the divorce registration application.
Some people support this provision. They believe that "flash marriages and flash divorces" are prone to occur nowadays, and the divorce rate driven by "impulsive divorces" is consequently on the rise. A divorce cooling-off period can precisely give those who want a divorce in the heat of the moment some time to think, thereby reducing divorces that are "optional rather than necessary." At the same time, however, there are also many voices of opposition.
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 every individual, the freedom to divorce is a right granted by law and is respected in the judicial system. However, an excessive number of divorces and divorces undertaken too casually can, to some extent, also bring certain adverse effects and consequences to families and society. The starting point for establishing the divorce cooling-off period is to allow the parties involved to exercise their right to divorce prudently and after mature consideration. “Do not, because of a momentary quarrel or a hot-headed impulse,” break up a family. 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 at Renmin University of China and Secretary-General of the Civil Code Compilation Project Leading Group of the China Law Society, believes that a good civil code should better safeguard and realize the freedom of civil subjects through limitations. The establishment of the "divorce cooling-off period" precisely embodies the dialectical relationship between freedom and limitation, and also reflects Chinese people's views on family and society.
Li Yalan, a deputy to the National People's Congress and president of the Heilongjiang Lawyers Association, stated that incorporating the divorce cooling-off period into the Civil Code is not a whim but stems from judicial practice. “From judicial practice, we have recognized that many divorces are impulsive. If, after the impulse, there is still an opportunity to let the divorce leave no trace, and with a cooling-off period, there might not be situations of remarriage. After a marital relationship has gone through a rupture, if the two people, through calmness and reflection, 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.
The author Jiang Shengnan also put forward her own viewpoint, strongly opposing the establishment of a "divorce cooling-off period" and suggesting that the draft Civil Code remove the "divorce cooling-off period." First, she believes that people who want to divorce cannot wait even a single day. This is because marriage is like drinking water—only the person involved knows whether it is warm or cold. For 90% of people, there is no need for a "divorce cooling-off period." Reaching the point of divorce is the result of deep consideration, and creating a divorce cooling-off period is truly unnecessary. Moreover, it may even give rise to many other derivative problems. For example, during the "divorce cooling-off period," what should be done if a spouse transfers assets?
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 an uncontested divorce by agreement or a contested divorce through litigation. However, many people today are still influenced by traditional thinking and are reluctant to go through litigation. Even when they do pursue litigation, many cases do not result in a divorce decree on the first attempt. Courts typically attempt mediation first or determine that the couple’s affection has not broken down and deny the divorce. Such “majority dismissal” cases genuinely exist, so divorce through litigation itself involves a certain degree of difficulty. As a result, most couples still prefer to choose uncontested divorce by agreement, which also allows for an amicable parting. But with the recent introduction of the divorce cooling-off period, it is very likely to increase the difficulty of uncontested divorce by agreement.
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!
