Is a Coolingoff Period Necessary in Divorce Proceedings?

six draft sections on specific areas of the Civil Code were submitted to the Standing Committee of the National People’s Congress, China’s top legislature, on August 27. One of them, the controversial draft on marriage and family, has aroused much debate among Internet users. It proposes a one-month cooling-off period for couples who wish to part ways and apply to divorce registration agencies. During the cooling-off month after a divorce registration agency receives a divorce application, either the husband or the wife can stop the application. After the cooling-off month, both sides are required to go to the agency for the divorce certificates. Failing to do so will mean the divorce application is canceled automatically.

China has seen growth in its divorce rate in recent years, a large number being impulsive divorces. Statistics from the Ministry of Civil Affairs of China show that the country’s divorce rate has grown for 15 consecutive years from 1.18 million couples in 2002 to 4.37 million in 2017. According to experts, the cooling-off period is expected to give the couples wanting to divorce a grace period to rationally reconsider their decision.

Actually, a cooling-off period in the divorce process is not new to China. Courts in many places, such as Anyue County, Sichuan Province and Danfeng County, Shaanxi Province have previously tried the practice.

There are some people who support the stipulation, believing that the cooling-off period can effectively avoid impulsive divorce, help solve marriage crises and maintain family stability. But those who are against it believe that this is infringing on people’s right to divorce and that the one-month cooling-off period will further deteriorate the relations between incompatible couples, resulting in new problems.