Beijing News (Reporter Ma Jinqian) Entering 2021, the "Civil Code" has come into effect, and the divorce cooling-off period has been officially implemented. It has been a week now. What changes have been made to the divorce process?
Recently, reporters from the Beijing News visited the Marriage Registry Office of the Civil Affairs Bureau of Xicheng District and Chaoyang District, Beijing.
Since it is not a "good day" in the traditional sense, more people come to apply for divorce than get married.
Many divorce applicants said that they have a basic understanding of the "cooling-off period", "the specific process may not be known until the scene."
According to the new regulations, the divorce procedure is adjusted to "application-acceptance-cooling-off period-examination-registration (certification)", that is, the parties need to go to the marriage registry to handle business during the application period and the registration period.
In addition, marriage and family counseling has become a necessary work procedure for the marriage registration agency of the Beijing Municipal Civil Affairs Bureau. The staff will ask every couple who comes to handle divorce, "Do you need marriage and family counseling?"
[News look back] The cooling-off period will come to the end of the year and get together for divorce?
We went to the Beijing Wedding Office to take a look >>>
A pair of applicants are handling marriage registration business.
Photography/Beijing News reporter Li Kaixiang
Applicants are basically aware of the "cooling off period"
On January 5, at the entrance of the Marriage Registration Office of the Civil Affairs Bureau of Xicheng District, the divorce registration process diagram, the relevant provisions of the Civil Code and the relevant notice of the Ministry of Civil Affairs of the marriage registration were all made into large posters and placed in the corridor.
In the morning, the reporter encountered 7 couples who came to submit divorce applications at the door. They were a little older and some had gray hair. They needed the assistance of staff to scan the health code, and they were relatively calm.
According to Wang Xing, the director of the marriage registration office, the number of divorce applications received every day is about 20 pairs. People who come to apply for divorce basically understand the new requirements of the "divorce cooling-off period".
The three divorced couples interviewed all expressed their understanding of the divorce cooling-off period.
"The news reports are overwhelming, but the specific procedures may not be known until the scene," said a man who has submitted a divorce application.
In the registration hall, a couple who were over a few years old asked at the front desk, took out the household registration booklet, marriage certificate and other materials in the file, and handed them to the front desk staff for preliminary review.
"We haven't written the divorce agreement. Can you give us a template?" The woman applied.
The staff informed that there is no need to provide a divorce agreement at the application stage, but you can negotiate and prepare for the content of the agreement in advance, and you must submit it when you confirm the processing after the cooling-off period.
Applicants for divorce procedures must fill out a "Notice of Divorce Registration" before entering the government affairs hall.
Photography/Beijing News reporter Li Kaixiang
You need to make an online appointment and bring the receipt form for processing in both stages of application and registration
Starting this year, the divorce procedure has been re-adjusted to "application-acceptance-cooling-off period-review-registration (certification)", that is, the parties need to make an online appointment during the application period and registration period, and then bring the receipt to the marriage registry for processing business.
At noon on January 7, Ms. Bai and her husband went to the Marriage Office of the Civil Affairs Bureau of Chaoyang District to submit a divorce application.
Due to their busy work, they decided to make an appointment on the 5th to handle the business today.
After submitting the marriage certificate, ID card, and household registration book of both parties on the spot, the front desk staff assisted in copying the certificates and entered the registration room. The registrar asked to confirm that the two parties were divorced voluntarily. After counting the submitted materials, the two signed a "Divorce Registration application".
The application clearly stated that both parties voluntarily divorce, and have reached consensus on matters such as child support, property and debt handling, and both parties have full capacity for civil conduct.
The registrar confirmed the materials submitted by Ms. Bai and Mr. Bai.
"Finally asked us if we need marriage and family counseling, we first refused," Ms. Bai said, the decision of both parties was well thought out.
After the application is completed, the registrar will provide both parties with the "Receipt of Divorce Registration Application Acceptance Receipt", which specifies the application submission time and the divorce registration processing time after the cooling-off period.
Ms. Bai told reporters that after 30 days, they need to make an appointment again for divorce registration through the Beijing Wedding Platform.
At that time, you need to bring the "Receipt of Divorce Registration Application Acceptance Receipt" and the divorce agreement that has been prepared for child support, property, and debt handling.
The staff reminded Ms. Bai that after the expiration of the divorce cooling-off period, there is a 30-day processing period. If you fail to go to the marriage registry to apply for a divorce after this time, it will be deemed to have automatically withdrawn your divorce application.
The reporter noticed that due to the repeal of the "Marriage Law of the People's Republic of China", the divorce certificate and notification slips were all replaced with new versions. The original text in the "Marriage Law of the People's Republic of China" in the divorce certificate became the "Civil Code of the People's Republic of China."
The Marriage Office of the Civil Affairs Bureau of Xicheng District has a psychological consultation room. Xicheng District People’s Mediator Ji Meiyun welcomes couples who come for consultation and mediation at any time.
Photography/Beijing News reporter Li Kaixiang
"Do you need marriage and family counseling" has become a necessary part
According to Chen Yi, director of the Social Affairs Division of the Beijing Civil Affairs Bureau, after the divorce cooling-off period is implemented, marriage and family counseling has become a necessary work procedure for the marriage registration agency of the Beijing Civil Affairs Bureau, that is, the process of asking whether marriage and family counseling is necessary.
On the basis of the principle of voluntariness, the parties independently choose to make appointments for professional counseling services.
On January 4th and 5th, Zhang Hong, a marriage clerk from the Civil Affairs Bureau of Xicheng District, handled 7 pairs of divorce applications.
She told reporters that at present, all parties who come to handle the divorce understand the divorce cooling-off period. “If the parties request marriage and family counseling on the spot, we will immediately take them to the counseling room on the side. At the same time, we also provide an appointment number, which is the furthest one. After about a week, I will meet with the counselor."
The Marriage Registration Office of the Civil Affairs Bureau of Xicheng District has a separate marriage and family counseling room, which is a third-party purchase service. A total of six experts provide psychological and legal services.
Ji Meiyun, who is about to turn 60, has been involved in marriage and family counseling here for 4 years as a people's mediator in Xicheng District.
She told reporters that clients who are willing to counsel have a strong desire to talk, and she will be responsible for helping them sort out their problems, and help them find some solutions through professional psychological counseling combined with their own life experience.
"Once the counseling time for a couple lasted more than 4 hours, they didn't leave until 6:30 in the evening when the couple resolved the problem."
Wang Xing told reporters that currently 3 couples have made appointments for marriage and family counselling.
"According to the epidemic prevention and control situation, the provision of marriage and family counseling was resumed in September last year. The registry received a total of 68 couples, all of which successfully completed the counseling task and saved the marriage of the parties."
A handbook of divorce registration instructions placed in the Civil Affairs Bureau of Xicheng District.
Photography/Beijing News reporter Li Kaixiang
Know more
What issues should be paid attention to after the implementation of the "divorce cooling-off period"?
Through two-day squatting interviews, the reporter found that what materials need to be provided during the application period, how to calculate the cooling-off period, whether the withdrawal of the application has an impact, and whether the application and registration can be completed across districts are issues of general concern to divorce applicants.
In this regard, the reporter contacted Chen Yi, Director of the Social Affairs Division of the Beijing Municipal Civil Affairs Bureau, and Wang Xing, Director of the Marriage Office, Xicheng District Civil Affairs Bureau, for answers.
Question 1: When submitting the divorce application materials, do I need to bring the divorce agreement and photos?
Wang Xing introduced that when applying for a divorce, you must bring your ID card, household register, marriage certificate, etc. The divorce agreement and photos are recommended but not mandatory.
If you confirm the divorce registration after the cooling-off period, please bring all the materials, including the divorce agreement and photos.
Question 2: When does the "30-day cooling-off period" start?
According to Chen Yi, after a party submits an application, the civil affairs department’s marriage registration agency accepts it, and starts counting 30 days with the application date as the first day. If it catches up with a holiday, it starts from the first working day after the holiday ends.
After the expiration of the cooling-off period, if both parties do not apply for registration at the marriage registration authority within 30 days, they shall be deemed to have withdrawn their divorce application, and during the period neither party agrees to the divorce, which is equivalent to not reaching a consensus between the two parties, both parties can go to the court for divorce, or Choose to continue living together.
Question 3: What is the difference between the two "withdrawal of divorce applications"?
The relevant notice of the Ministry of Civil Affairs stipulates that during the divorce cooling-off period, if either party is unwilling to divorce, they can voluntarily apply for the withdrawal of the divorce registration; 30 days after the divorce cooling-off period expires, the two parties fail to jointly apply for the issuance of a divorce certificate to the marriage registration authority, which shall be deemed to have withdrawn the divorce. Registration application.
Chen Yi said that the “active application” occurred during the 30-day cooling-off period, and the “deemed automatic withdrawal of the divorce application” occurred after the cooling-off period ended. The difference lies in the effective ways to withdraw divorce applications in different periods.
The above two situations have no impact on the parties' future business.
Question 4: After filing a divorce application, can I go to other marriage offices to confirm the divorce?
Chen Yi said that at present, marriage and divorce registration in Beijing can be handled across regions, but it needs to be clear that this cross-region means that divorce applications can be filed in any district. Once the application is submitted, follow-up procedures must be completed at the registry and cannot be replaced.
At the same time, after withdrawing the divorce application, you can reapply for divorce registration at any marriage registry in Beijing.
Beijing News reporter Ma Jinqian, photographer Li Kaixiang
Editor Zhang Chang proofreads Wei Zhuo