The Dilemma and Solution for Implementing the System of Cooling-off Period before Divorce
With the development of the economy and society,China's divorce rate has been constantly on the rise,resulting in a wave of flash marriages and impulsive divorces.In response to this,the 2020 Civil Code of the People's Republic of China added the system of cooling-off period before divorce for the first time,with the goal of reducing impulsive and hasty divorces through legislative limits also preserving healthy marriages.At present,the effectiveness of the system has been preliminary reflected,and some couples choose to end divorce after the cooling-off period expires.However,in legal practice,there are also problems such as a lack of flexibility in the applicable period,the simultaneous application for divorce by agreement and litigation resulting in the weakness of the cooling-off period,and the imperfection of supporting measures.As a result,the system of cooling-off period before divorce should be gradually perfected by establishing a flexible and elastic divorce cooling-off period,establishing circumstances that exclude the applications of the divorce cooling-off period,setting up a pre-examination procedure for divorce applications,and improving mediation measures to better conform to the development and needs of the current matrimonial law reform.
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