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Couples seeking divorce in China must now go through 30-day cooling-off period

May 29, 2020
Andrew Little said Law Commission recommendations were aiming to modernise the current law.

Couples in China seeking a divorce must now go through a month-long "cooling-off" period after a new law passed in China's legislature yesterday.

Couples looking to file for separation must now wait 30 days before their request can be processed, during which couples can withdraw their application, the Guardian reports.

The bill, introduced in a bid to lower the country's steadily-rising divorce rate has since stirred debate online, with posts under the hashtag "oppose divorce cooling off period" gaining more than 30 million views on microblogging site Weibo.

"We cannot even divorce freely?" one user wrote. 

Another user said the law was passed despite online opposition, adding that the Chinese government's "respect for public opinion is just for show."

The cooling-off period only applies in cases where both spouses are seeking to divorce, however. It will not apply to cases involving domestic violence.

Tsinghua University vice president and law school professor Cheng Xiao said the law change still allows couples the freedom to divorce, noting that couples divorcing "in a fit of anger" may come to regret the decision.

Supreme People's Court judge Wang Dan told state-owned broadcaster CCTV the courts need to prevent "impulsive divorce,"  according to the Daily Mail.

"If the court just simply prosecutes these kind of divorces, it would not only dissolve the marital relationship but also cause a huge impact on the care and support for the children and elderly.


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