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Beijing plans cooling-off period for divorcing couples

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2018-09-07 15:33:26CGTN Editor : Gu Liping ECNS App Download
A man holding two Chinese marriage certificates. /CGTN Photo

A man holding two Chinese marriage certificates. /CGTN Photo

The highest court in China is set to introduce a nationwide "cooling off" period for couples looking to divorce. The theory goes that estranged couples could have an opportunity to reconsider.

Han and his wife met in 2012 and got married four years later. Everything seemingly went well until one day his wife told him she wanted a divorce. 

Han accepted it. However, he and his wife both thought they should still give their marriage a chance. So they took some time apart and stayed together for nearly two months before they separated.

When Han heard divorcing couples will face a month-long cooling off period, he was not surprised.

The law doesn't deny a couple's request to get a divorce, neither does it require more than half a year of a waiting period.

Figures from China's Ministry of Civil Affairs show the number of divorced couples has been on the rise for 15 years, increasing from just over one million in 2002 to more than four million in 2016. 

In response to the trend, Chinese courts began to impose a 30-day "cooling-off" period, when couples are required to "reflect" on their marriage and explore the possibility of reconciliation.

Zhang Jing, a divorce lawyer, says China's younger generation could easily resort to divorce when their expectations of the marriage are not met.

Sometimes couples rush to file for divorce out of temporary anger or disillusionment with the marriage, Zhang said. The responsibilities that come with marriage include making psychological adjustments to a relationship, as well as adapting to different roles in the home.

Marriage counselor Wang Jun says it may help if couples seek psychological help or marriage counseling during the waiting period. 

On one hand, the counselor can evaluate the current condition of the marriage. On the other hand, the husband and the wife can be honest about their discord and try to resolve existing differences, she said.

China is not the only country that aims to bolster family life with legal measures. South Korea adopted the cooling-off policy in 2004. In the United States, most divorce waiting periods run from six to 12 months. In England, couples have to live separately for at least two years to ensure that their marriage has irretrievably broken down.

While divorce may have been the necessary and healthiest choice for Han, others may wish to salvage their marriages, and a "cooling off" period may help save some worthwhile ones.

  

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