With the implementation of the Civil Code of the People's Republic of China on January 1, 2021, divorce has become more difficult than before. In particular, the provisions of the divorce cooling-off period have made divorce a lot more difficult. Below we will discuss with you what is so difficult about divorce now?
Article 1077 of the "Civil Code of the People's Republic of China":
Divorce received from the marriage registration agency Within thirty days from the date of registration application, if either party is unwilling to divorce, he or she may withdraw the divorce registration application from the marriage registration authority.
Within thirty days after the expiration of the time limit specified in the preceding paragraph, both parties shall apply in person to the marriage registration authority for issuance of a divorce certificate; if they fail to apply, the application for divorce registration shall be deemed to have been withdrawn.
1. Appointment divorce means that couples who want to divorce must first fill out an appointment form, and then formally proceed with the appointment after the appointment time. . Make an appointment first so that the couple can have some time to calm down and think about whether they must divorce in this marriage.
2. During the divorce cooling-off period (30 days), if either party is unwilling to divorce, they can withdraw their divorce registration application from the marriage registration authority.
3. Within "another" 30 days after the expiration of the divorce cooling-off period, both parties need to go to the marriage registration office to collect the divorce certificate. Failure to collect it within the time limit will be deemed to have withdrawn the divorce application.
4. The marriage registration agency will no longer accept requests for revocation due to coercion of marriage. According to the Civil Code, "If a marriage occurs due to coercion, the coerced party may apply to the People's Court for annulment of the marriage."
5. If one spouse requests a divorce, the relevant organization may mediate or directly apply to the People's Court. File divorce proceedings. When hearing a divorce case, the People's Court shall conduct mediation; if the relationship has truly broken down and mediation is ineffective, the divorce shall be granted.
