The long-expected Civil Code was passed by the 13th National People's Congress, the top legislature, during its third session on May 28. The Civil Code, which will take effect on January 1, 2021, has an article requiring a one-month cooling-off period before filing for divorce. It stipulates that a divorce application can be revoked by either of the couple within the period. Within 30 days after the expiration of the period, both parties can personally apply to the marriage registration authority for a divorce certificate.

The introduction of the cooling-off period has generated debate. Some people have welcomed the measure, arguing that it can be helpful in reducing divorce rates, maintaining social stability and preventing a hasty divorce. However, there are others who say that the stipulation doesn't have any practical value and will only extend the period of divorce process and increase the pain of the applicants.

A chance to think rationally

Long Yifei (Professor with the School of Law at Renmin University of China): We know that in many divorce cases the marriage can't be sustained. However, a considerable number of people seek divorce due to some irrational reasons. Occasional conflicts are normal in married life, and some couples resort to divorce to resolve conflicts. This situation is very common in our lives.

The 30-day cooling-off period is designed to give the parties a chance to think rationally about a number of questions: Is the relationship really broken down? Is there any possibility of living together? Do marital conflicts have to end in divorce? How will the divorce influence the children?

Therefore, a legal provision emphasizing emotional healing and careful thinking is conducive to the resolution of conflicts in marriage, stability of marriage and family relations.

Li Yalan (President of Heilongjiang Lawyers Association): In many judicial cases we deal with, couples often get angry because of some trivial matter. "I can't live with you. I want a divorce," is a typical retort when they fight. Then they decide to terminate their relationship.

People are emotional. Marriage entails a gradual and often long process of knowing, understanding and falling in love. As time passes, the memories of the good times spent together always come to mind. By then, however, if the relationship has been dissolved, it will be hard for the parties to come together again.

In judicial practice, we see that a lot of divorce decisions are impulsive. If there is a period for cooling off, the two sides may decide not to divorce in the end and cherish their relationship more in the future.

Li Li (Lawyer with Yingke Law Firm): The value of marriage must be highlighted through certain practices. For example, wearing a ring at the wedding ceremony is an external display of the value of marriage. The cooling-off period represents a cautious attitude toward marriage. The more complex the divorce process is, the more valuable the marriage would feel.

Divorce is not a joke. The impact of divorce on the lives of couples and their children, families and society is much bigger than imagined. The stipulation of this cooling-off period will help people understand the importance of the family and encourage them to give due attention to their marriage.

After one month's calm thinking, if the two still want it, they can get a divorce. If one party withdraws the application during this month, it is likely that divorce was not his or her real intention.

A counterproductive move

Yi Yi (Founder of a law firm in Beijing): Hasty divorces do exist in real life. But a larger proportion of couples file for divorce after a long unbearable relationship. The cooling-off period will not help calm them, but only prolong the process of divorce and deepen their suffering. If people have decided to divorce, no cooling-off period will stop them.

In 2019, among the 4.15 million divorces in China, only a minority of cases were based on impulsive decisions; most of the divorce decisions were carefully considered. The introduction of the cooling-off period may reduce the divorce rate, but at the same time, it may also make more people shrink back from marriage.

Jiang Shengnan (Writer): The intention of the rule is to prevent hasty and impulsive divorce and maintain family stability. But being forced to prolong the pain in a marriage that has proven to be a failure may be counterproductive.

Statistics show that less than 5 percent of couples are involved in a lightning marriage and impulsive divorce. The vast majority of people decide on marriage after careful consideration. The need to have a cooling-off period to prevent impulsive divorce should not neglect the interests of 95 percent of the couples who really want a divorce.

Besides, this cooling-off period is likely to inflict greater pain on the vulnerable in the couple. The other partner may be hiding, transferring, selling or destroying common property or causing emotional or physical harm.

Zhang Bancheng (Executive of an Internet company): The new rule will greatly raise the cost of divorce.

In fact, most people who file for divorce don't do it because of the feeling on one day or night, but due to a long period of dissatisfaction, pain and suffering. When two people get married, both need to consent. But when it comes to divorce, it's fair that it requires application from only one party who is suffering greater pain in the marriage.

Only happy individuals can make a happy family, and happy families can create a happy society. Blindly increasing the cost of divorce may reduce the divorce rate, but does not really save an unhappy marriage.

More parties needed

Xia Yinlan (Law professor at China University of Political Science and Law): The cooling-off period is a buffer for couples attempting to divorce, calling their attention to using their legal rights prudently and asking them to shoulder more responsibilities for their marriages and families.

Couples in extreme situations such as domestic violence may have difficulty reaching an agreement to divorce. Intervention from public powers, including public security authorities and courts, will give stronger protection to victims. They can apply for personal protection orders in court first, and if domestic violence is identified, the judges will end the marriage.

Cao Qiaoqiao (Judge from Beijing Xicheng District People's Court): A common divorce litigation takes about three to six months. But if the defendants are found to have committed bigamy, are taking drugs, gambling, or being physically or mentally abusive to their spouses, courts will approve divorce in the first hearing.

There is no unlimited freedom. Marriage is no exception. The divorce process via government agencies in China was too easy. Some people have not been clearly distinguishing a dead marriage from an ill marriage, leading to reckless divorces.

Divorces in some European nations must be done through litigation, which is to let people know marriage is not a trifling matter.

A few civil affairs departments have invited third-party institutions to participate more in mediating domestic disputes, helping couples realize the roots of their marital illnesses and solve the problems sensibly.

Copyedited by Madhusudan Chaubey