Beijing Review

Is It Necessary to Have a Cooling-Off Period for Divorce?

The long-expected Civil Code was passed by the 13th National People’s Congress, the top legislature, during its third session on May 28. The Civil Code, which will take effect on January 1, 2021, has an article requiring a one-month cooling-off period before filing for divorce. It stipulates that a divorce application can be revoked by either of the couple within the period. Within 30 days after the expiration of the period, both parties can personally apply to the marriage registration authority for a divorce certificate.

The introduction of the cooling-off period has generated debate. Some people have welcomed the measure, arguing that it can be helpful in reducing divorce rates, maintaining social stability and preventing

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