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    Half Tones

    Proposed ‘Cool-Off Period’ for Non-Mutual Divorce on Chopping Block

    May 15, 2020

    Spouses may not have to observe a mandatory 30-day wait period if they’re suing an unwilling partner for divorce after all, a top official said Thursday.

    A spokesperson for the legislative affairs committee of the National People’s Congress said Thursday that, to deter rash decisions, the cool-off period would still apply to divorces where there is mutual consent, though it would no longer extend to cases going to court.

    The position is a slight tweak to the marriage and family section of the current draft of China’s revised civil code, which stipulates that there should be a one-month waiting period for all divorce-seeking couples, during which either party can withdraw their petition.

    “The registration procedure for divorce by mutual agreement is too simple, and reckless divorces are an increasingly common phenomenon that’s not conducive to family stability,” the spokesperson said.

    Some sections of the civil code draft courted controversy in December when a few lawmakers suggested the cool-off periods shouldn’t apply to cases involving bigamy, domestic violence, or abandonment, among other situations. The National People’s Congress is scheduled to review the draft sections of the civil code next Friday. (Image: Sixth Tone)