Research On Legal Issues In The Cooling-off Period Of Divorce

The cooling-off period for divorce is written in China‘s“Civil Code ·Marriage and Family Edition”(the fourth draft),which is,requiring that when a couple applies for divorce registration,the marriage registration authority should force the parties to calm down for a period of time to ensure that both parties make a divorce after careful consideration.The implementation of the divorce cooling-off system will trigger changes in all aspects of the registration divorce system,including the scope and applicable conditions of the cooling-off period in the registration divorce process,how the marriage registration authority should change its functions to adapt to the cooling-off period,changes in the rights and obligations of the parties during the cooling-off period,Changes to the divorce agreement process and consequences.However,these issues are not clearly stipulated in the draft legislation,which will be detrimental to the specific implementation of the cooling-off period system and the realization of its purpose.Therefore,the divorce cooling-off period system should further consider and solve the following problems:If the spouse has domestic abuse,gambling,drug abuse and other vices,the negative conditions of the divorce cooling-off system are in place,and the divorce cooling-off system is not applicable;In the divorce cooling-off period system,the documents and supporting materials provided by the parties should be substantively reviewed and the marital conflicts should be mediated during the divorce cooling-off period;During the divorce cooling-off period,husbands and wives have the obligation to live together,the right to inherit each other’s inheritance,and other than child support the power of family agency was suspended,and the husband and wife property system was changed from a common property system to a separate property system.