Beijing News Express (Reporter Wang Jun) is one month away, the Civil Code will be officially implemented, and the "divorce cooling-off period", which has a high degree of social concern, has also entered the countdown stage.

If you want to get a divorce next year, how many steps will you take?

  Recently, the civil affairs department issued the "Notice on Implementing the Provisions on Marriage Registration in the Civil Code of the People's Republic of China" to adjust the marriage registration procedures.

The newly adjusted divorce registration procedure is divided into 5 steps: application, acceptance, cooling-off period, review, and registration (certification).

 If both parties fail to obtain the certificate together within 30 days after the expiration of the cooling-off period, the application for divorce shall be deemed to have been withdrawn

  According to the "Notice" issued by the Ministry of Civil Affairs, if both parties voluntarily divorce, they should sign a written divorce agreement and jointly apply to the marriage registration authority with jurisdiction; during the 30-day cooling-off period, if either party is unwilling to divorce, they can hold relevant documents The application for divorce registration shall be withdrawn to the marriage agency that accepted the application for divorce registration; if both parties fail to jointly apply for the issuance of a divorce certificate at the marriage registration agency within 30 days after the expiration of the divorce cooling-off period, the application for divorce registration shall be deemed to have been withdrawn.

  The above notice has two "30 days", one is the cooling-off period, and the other is the "30 days" after the expiration of the cooling-off period. Within the second "30 days", if you fail to apply for a divorce certificate from the civil affairs department , It shall be deemed to be revoked.

  Of course, if both parties clearly want to divorce, within the second "30 days", they can bring the materials to the marriage registration office to apply for a divorce certificate.

The "Notice" clearly stated that within 30 days after the expiration of the divorce cooling-off period, both parties should hold the certificates and materials stipulated in Article 55 (4) to (7) of the "Regulations for Marriage Registration" to jointly register for marriage. The agency applied for a divorce certificate.

What should I do when a divorce cooling-off period is encountered in situations such as domestic violence?

  The controversy that accompanies the divorce cooling-off period is whether the setting of the divorce cooling-off period will cause the victim to suffer more harm if there is domestic violence.

  Earlier, the Legal Work Committee of the Standing Committee of the National People's Congress responded that the divorce cooling-off period system is only applicable to divorce by agreement. For those who request a divorce due to domestic violence, it is generally resolved through litigation.

  In other words, the "cooling-off period for divorce" only applies to divorce by agreement. People's courts do not apply the "cooling-off period for divorce" when hearing divorce cases. If one spouse has domestic violence, gambling, bigamy, etc., the other spouse can Go directly to the people's court to file a lawsuit and ask for a divorce, so as to avoid infringement of their legal rights.