Henan Commercial Daily reporter Zheng Chao
Within a few days, the content related to the "divorce cooling-off period" rushed into hot searches several times, triggering hundreds of millions of reading discussions. Starting from January 1, 2021, the newly adjusted divorce registration procedure includes five steps: application, acceptance, cooling-off period, review, and registration (certification).
Regarding the divorce cooling-off period, netizens have different opinions. Some people support this approach from the perspective of "persuading marriage and not persuading divorce"; some believe that the cost of divorce has increased and free divorce has been more restricted. What are the applicable circumstances of the divorce cooling-off period? What do relevant practitioners think? In this regard, a reporter from Henan Business Daily conducted an interview.
Divorce cooling-off period rushed to the hot search! Should I "calm down" when encountering domestic violence?
The discussion on the "cooling-off period for divorce" is continuing to ferment, and rounds of hot searches have attracted the attention of hundreds of millions of netizens.
This hot discussion was triggered by a document recently released by the Ministry of Civil Affairs. The
document shows that the "Civil Code of the People's Republic of China" will be implemented on January 1, 2021. In order to implement the provisions of the Civil Code on the divorce cooling-off period system, the Ministry of Civil Affairs has adjusted the marriage registration procedures and added a cooling-off period in the divorce procedures. .
One stone stirred up a thousand waves. On social platforms, controversy over the "cooling-off period for divorce" has been one after another.
Some netizens are puzzled and questioned that this is "interfering with the freedom of marriage"; some netizens worry that the divorce cooling-off period will exacerbate the pain of divorced parties; some netizens have appeared to say that their friends have been subjected to long-term domestic violence and sued for divorce. After more than a year, the divorce still failed.
In response to the above controversy, relevant persons from the Ministry of Civil Affairs have already answered the question at the press conference on December 4. Z3z
Ministry of Civil Affairs second-level inspector Yang Zongtao said that the "Civil Code" on the divorce cooling-off period system only applies to divorce by agreement. For such cases of domestic violence, the parties can file a lawsuit in the court, and the court can decide the divorce.
In addition, some netizens suggested that during the divorce cooling-off period, what if one party does not agree to the divorce?
In this regard, Wang Jinhua, Director of the Department of Social Affairs of the Ministry of Civil Affairs, said that as long as any party said that they did not agree to the divorce during this period, it would mean that the two parties did not reach a consensus. Either they would go to the court to file a lawsuit for a divorce, or the two would live together. I still have to calmly reflect." This response of
also quickly appeared on the hot search. As of 17:00 on December 4, the topic of "the party disagrees with the divorce during the cooling-off period of divorce" has been read 160 million and discussed over 36,000. .
Faced with the latest response from the Ministry of Civil Affairs, netizens are still feeling fierce and questioned again: One party disagrees with a divorce and can only file a lawsuit, which greatly wastes public resources. What about the time cost of the parties?
Zhengzhou post-90s impulsively divorced, just a week away and remarried
There is still a period of time before the divorce cooling-off period is officially implemented, but there are endless questions from netizens from all walks of life, and they even appear on hot searches every once in a while. How should
treat the divorce cooling-off period? What are the pros and cons for the parties?
Zheng Jiangang, director of the Marriage Registry of Jinshui District, Zhengzhou City, believes that, based on his own work experience, the divorce cooling-off period is conducive to making both parties more cautious about divorce.
"Many young people's'flash marriages', one of the major reasons is that the procedures are simple, the restrictions are few, and there are not a few willful people. The establishment of the divorce cooling-off period makes the divorce process more rigorous, so that the parties will not arbitrarily propose Divorce, marriage is not a child's play after all." Zheng Jiangang mentioned that divorce a month later provides a buffer period for both parties, which is a manifestation of the progress of the marriage process.
In real cases, there are many young people who "flash away" and then "flash and remarry", which makes the mediators a little bit dumbfounded by the marriage crisis.
There is a couple in Zhengzhou, both born in the 90s. They filed for divorce after less than a year of marriage. The reasons for the divorce are full of trivialities.
"Two people always quarrel, and it’s all trivial things, such as buying fruit together, the man wants to buy apples, and the woman wants to buy strawberries. No one is allowed, no one can convince anyone.” said Zhang Jianyun, a social worker at the Marriage Registry of Jinshui District, Zhengzhou. The man gave way to and coaxed the woman. Later, the number of quarrels increased, and the man collapsed a bit and offered to divorce.
Then, less than a week after the two divorced, Zhang Jianyun againSeeing both parties, both said that the divorce was too impulsive and wanted to remarry immediately.
“Young people getting divorced are often impulsive. They leave their original family and reunite. They are still childish but do not tolerate each other enough. It is also very common.” Zhang Jianyun once studied 103 divorced family cases and found that within 3 years of marriage Divorced families accounted for 23.3%, and the reason for divorce is often not a matter of principle. This shows to a certain extent that it is easy to divorce impulsively three years before marriage.
Therefore, she believes that the divorce cooling-off period is beneficial to help both parties "outside" marriage and think about marriage, thereby repairing their relationship.
The number of divorces in Zhengzhou hit a 10-year high, and the divorce cooling-off period may improve this situation.
From holding hands to going to different things, from sweet companionship to strangers, the stories inside and outside the "siege" are different, and it is difficult for outsiders to comment. .
However, there is a piece of data about divorce that is shocking.
According to statistics from the Zhengzhou Civil Affairs Bureau, in 2019, the number of marriage registrations in Zhengzhou was 7,1945, a decrease of 6,575 from 2018, and the number of marriages was the lowest in 10 years; at the same time, the number of registrations for divorce was 46499. Yes, there were 1731 more pairs than in 2018. After the number of divorces "slightly bowed" in 2018, the number of divorces rose again and hit a 10-year high.
is not only Zhengzhou, but also the number of divorce registrations in Henan is quite high.
According to the previous report of The Paper, in 2019, the number of divorce registrations in the country reached 4.04 million, and the five provinces with the largest number were Henan, Sichuan, Jiangsu, Shandong and Guangdong. Among them, the number of registered pairs in Henan reached 310,000, or about 620,000 people per person, while the total population of Iceland in 2019 was only 360,000.
Of course, this has nothing to do with the large population base of Henan.
Judging from the increase in the number of divorce registrations, compared with 2010, the number of divorce registrations nationwide in 2019 has increased by 106.14%, and the number of divorce registrations in 30 provinces, autonomous regions and municipalities has shown an upward trend, including Tibet, Gansu, Guizhou, Henan, and Tianjin The biggest increase. According to many people in the industry, the establishment of a divorce cooling-off period will leave time for both parties to think and effectively reduce the divorce rate.
Henan Business Daily reporter interviewed and learned that at present, the relevant departments of the Civil Affairs Department of Henan Province are conducting systematic research and learning on the divorce cooling-off period, and the next step will be to formulate specific implementation rules.
Discussion: Since there is a cooling-off period for divorce, why not set a cooling-off period for marriage?
The topic of "divorce cooling-off period", like a floodgate, opened up a heated discussion among netizens about "marriage freedom. Some netizens suggested that since divorce has a cooling-off period, why not set a "marriage cooling-off period"? According to industry insiders, starting from traditional Chinese marriage customs, a newlywed couple has to go through many aspects such as personality, living habits, family environment, etc. from love to marriage. Compared with divorce, both parties must have fully considered and agreed. It is decided after consideration, so there is no need to establish another cooling-off period.
In addition, some female netizens suggested that the divorce cooling-off period is "unfriendly" to the woman. Because in terms of personality, women are more likely to choose to forbear and retreat. The one-month divorce cooling-off period is likely to give the man and more people time to persuade and kill the courage of the original divorce. After the divorce application is withdrawn, women may again Once again caught in entanglement, "Why not let women make a decision more easily?"
The discussion on the divorce cooling-off period continues. What do you think? Welcome to leave a message to interact with us.
[Related Links] What are the steps in the new divorce process?
Starting from January 1, 2021, the newly adjusted divorce registration procedure includes five steps: application, acceptance, cooling-off period, review, and registration (certification).
First, the divorce cooling-off period is set to 30 days; secondly, within "another" 30 days after the expiration of the divorce cooling-off period, both parties need to jointly obtain the divorce certificate from the marriage registration office. Failure to receive the divorce application after the expiry date is deemed to be withdrawn. In the
application process, if both spouses voluntarily divorce, they should sign a written divorce agreement, and jointly apply to the marriage registration agency with jurisdiction and provide relevant certificates and supporting materials. In the
acceptance link, the marriage registrar will issue a "Receipt of Divorce Registration Application Acceptance Receipt" after the initial review of the documents and certification materials submitted by the parties is correct.
cooling-off period, Within 30 days from the date when the marriage registration authority receives the divorce registration application and issues the "Divorce Registration Application Acceptance Receipt" to the parties, if either party is unwilling to divorce, it can withdraw the divorce registration application to the marriage registration authority that accepted the divorce registration application , And personally fill out the "Application for Withdrawal of Divorce Registration".
Within 30 days after the expiration of the divorce cooling-off period, if both parties fail to jointly apply for the issuance of a divorce certificate at the marriage registration authority, the application for divorce registration shall be deemed to be withdrawn. In the
review process, within 30 days after the expiration of the divorce cooling-off period, both parties should hold the required certificates and materials and jointly apply for the issuance of a divorce certificate to the marriage registration authority. After the review of
is passed, the marriage registration agency shall register and issue a divorce certificate in accordance with the "Regulations for Marriage Registration Work". (Chief Editor Huaijuan Editor Ji Qianqian Wu Bing)
