"Divorce cooling-off period" implements countdown, "think twice" or "strike while the iron is hot"?

2020/12/0421:12:08 emotion 2261

Recently, the topic of the divorce cooling-off period has been frequently searched, causing heated discussions among netizens.

From January 1, 2021, the "Civil Code of the People's Republic of China" will be officially implemented. The Ministry of Civil Affairs has adjusted the marriage registration procedures and added a cooling-off period in the divorce procedures. That is, after the parties initiate a divorce registration application and issue the "Divorce Registration Application Acceptance Receipt", the divorce registration application can be withdrawn within 30 days, and within 30 days after the end of the cooling-off period, if both parties still have not applied for a divorce certificate , It is also deemed to withdraw the application for divorce registration.

The divorce cooling-off period is only applicable to divorce by agreement. In response to the social concern "whether the cooling-off period is not conducive to protecting the parties subject to domestic violence", the Ministry of Civil Affairs responded: The "cooling-off period" only applies to the voluntary divorce agreement between the spouses. In cases of domestic violence, the parties can file a lawsuit in the court, and there is no "cooling-off period" for divorce proceedings.

The original intention of the divorce cooling-off period is not difficult to understand. Many people divorce on impulse and impulse. The country hopes to maintain family ethics and social harmony in the form of law, so that society can cultivate a cautious and holy attitude towards marriage. Data from

shows that 2-7 years after marriage is a high incidence of marriage breakdowns. Couples who "flash marriage and divorce" are not a minority. People who marry rashly are often rash when divorcing. In this way, a cooling-off period for marriage should be set up. After all, there seem to be more people who "flash marriage" than "flash away".

Some netizens asked, what if one party does not agree to divorce during the cooling-off period? The latest response of the Ministry of Civil Affairs is, “As long as any party says that they do not agree to the divorce during this period, it means that the two parties have not reached a consensus. Either they have to go to the court to file a lawsuit for a divorce, or the two people live together, which means that you have to calmly reflect."

The psychological capital proposed by American scholar Luzance in his early years includes self-efficacy, optimism, hope and resilience. A person who has hope in marriage is more willing to overcome difficulties and has the ability to overcome difficulties, so he is more resilient. A one-month divorce cooling-off period, in fact, is almost difficult to cultivate the ability to be optimistic about marriage, and it is difficult to activate a person's inner psychological capital. A positive attitude needs to be explored and cultivated.

Divorce is “difficult”, which seems to help reduce the divorce rate, but in fact it also promotes the reduction of the marriage rate. Because marriage is free, divorce is not free, the time cost of divorce and the potential cost of litigation have increased, then marriage When you do, you have to think more carefully, so you will get married carefully, and if you say it badly, it will give birth to more people who are afraid of marriage. In all fairness, who was not sincere when they got married? However, after marriage, it is unpredictable. When encountering conflicts that cannot be reconciled, it is extremely urgent to dissolve the marriage relationship. Setting a divorce cooling-off period will not effectively reduce the divorce rate, nor will it increase the marriage rate. .

But whether you are married or divorced, the pursuit of life is happiness. There is no 100% perfect marriage in real life, and there is no 100% perfect divorce procedure in law. Behind the word "calm" is more about each other's attitudes towards marriage and life, and cherish it.

What do you want to say about the divorce cooling-off period?

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