The Cooling-Off Period of Divorce to Save Marriage

Abstract

The stability of marriage is the basis of family harmony. In order to ensure the stability of marriage, our Civil Code has increased the setting of marriage cooling-off period. The Civil Code was formally implemented on January 1, 2021, in which the addition of a 30-day cooling-off period in the divorce procedure aroused strong social concern. The establishment of a cooling-off period for divorce in the Civil Code is an important embodiment of the integration of legislation into socialist core values. it is of great value in preventing rash divorce, maintaining marriage and family stability and building a harmonious, civilized and equal marriage and family relationship [3]. It embodies the humanistic concern of legislation for marriage and family. Of course, divorce cooling-off period from draft to legislation is not achieved overnight, there is a certain degree of legitimacy and rationality, but the judicial practice of divorce cooling-off period still needs to be improved, and there are some practical problems. The cooling-off period for divorce is only applicable to agreed divorce, and there are no clear provisions for litigation and registration of divorce. Such as the divorce cooling-off period to set up a flexible “time setting”, which can fully protect the interests of divorce parties and teenagers.