The divorce cooling-off period (离婚冷静期) was introduced by Article 1077 of the PRC Civil Code, in force since 1 January 2021. When a couple applies for divorce by agreement at the marriage registry, a 30-day cooling-off period starts from the date the registry receives the application. During those 30 days, either spouse may withdraw the application. When the period ends, both spouses must return to the registry in person within the following 30 days to obtain the divorce certificate; if they do not, the application is deemed withdrawn.
Why it matters
In practice a registry divorce takes at least about a month and requires two in-person visits by both spouses, which matters a great deal for couples where one spouse lives abroad or travels frequently. It also means either spouse can effectively stop an agreed divorce at the last moment. The cooling-off period does not apply to divorces granted or mediated by a court, so where there is domestic violence, urgency or no real agreement, litigation may be the better route.
How it works in practice
A Canadian man and his Chinese wife, married in Guangzhou, signed a divorce agreement and applied at the designated registry in early March. On day 20 the wife hesitated over the house arrangement but did not withdraw. In mid-April, after the 30 days had passed, both returned together and received their divorce certificates. Had either missed the second 30-day window, they would have had to start again.
Common mistakes
- Booking a one-way flight abroad without allowing time for the second registry visit
- Assuming the agreement is binding before the certificate is issued; either spouse can still withdraw
- Transferring property during the cooling-off period without safeguards
- Thinking the cooling-off period also applies to court divorce; it does not
- Forgetting that registry divorce generally requires a marriage registered in mainland China