Since the implementation of the Civil Code, the consent divorce procedure has been enhanced with a 30-day cooling-off period. However, many parties are unaware of this new provision, mistakenly believing that the divorce registration has not yet been completed during the cooling-off period, or assuming that the cooling-off period applies only to one party. Understanding the scope of application of the divorce cooling-off period and the specific procedures for consent divorce is crucial for parties planning their divorce proceedings.

  According to Article 1077 of the Civil Code, within 30 days from the date on which the marriage registration authority receives an application for divorce registration, if either party does not wish to grant the divorce, they may withdraw the application for divorce registration from the marriage registration authority; within another 30 days after the expiration of the aforementioned period, both parties shall personally visit the marriage registration authority to apply for the issuance of a divorce certificate; failure to do so shall be deemed as a withdrawal of the application for divorce registration.

  It should be clarified that the divorce cooling-off period applies only to divorces arranged through mutual agreement (where both parties voluntarily agree to divorce and complete the registration process) and does not apply to divorces initiated through litigation. For divorces involving highly contentious issues—such as domestic violence or infidelity—where it is difficult to reach an agreement, the parties may directly file a divorce lawsuit with the court without being subject to the cooling-off period, thereby avoiding delays in asserting their legal rights as a result of this period.

  The general procedure for divorce by mutual agreement is as follows: the parties reach an agreement on matters such as child custody, property division, and debt obligations, and then sign a written divorce agreement; the parties then jointly submit an application for divorce registration to the marriage registration authority, presenting documents including the household register, ID card, marriage certificate, and the divorce agreement; upon review and acceptance by the marriage registration authority, the case enters a 30-day cooling-off period; within 30 days after the expiration of the cooling-off period, the parties shall jointly collect the divorce certificate from the marriage registration authority, at which point the marital relationship shall be terminated.

  If either party withdraws the application during the cooling-off period, or if the parties fail to jointly collect the divorce certificate by the specified deadline after the cooling-off period expires, the divorce registration application shall be deemed withdrawn; in such case, the parties may negotiate to reapply or proceed with litigation proceedings. During the cooling-off period, both parties should exercise caution in their decisions and avoid acting hastily.

  Practical reminder: For a divorce by mutual agreement, both parties must reach a consensus on matters such as child custody, division of property, and assumption of debts; the terms of the agreement must be lawful and clear to prevent potential future disputes. If one party does not agree to the divorce or has significant disagreements regarding the arrangement of property or children, making it difficult to reach an agreement through mutual consent, the divorce may be resolved through litigation; in such cases, the litigation process is not subject to the cooling-off period requirement.

  It is also important to note that the divorce cooling-off period mechanism is designed to reduce impulsive divorces, but it does not restrict the parties' freedom to divorce. If both parties still wish to divorce during the cooling-off period, they may dissolve their marital relationship by obtaining a divorce certificate in accordance with the law and within the prescribed time frame. In cases involving domestic violence or abuse, the law encourages victims to promptly seek legal protection or other appropriate measures to safeguard their rights and avoid being bound by the cooling-off period.

  Furthermore, a divorce by litigation is not subject to the cooling-off period requirement; where parties wish to dissolve their marriage due to the other party's fault, prolonged separation, or other circumstances, they may directly file for divorce with the competent court, which will then hear the case in accordance with the law, thereby preventing any delay in the dissolution of the marital relationship caused by the cooling-off period rule.

  In summary, the divorce cooling-off period applies solely to divorces by mutual agreement; upon submission of the application by both parties, a 30-day cooling-off period begins, and the divorce is finalized if the parties jointly obtain the divorce certificate within this 30-day period. Divorces initiated through litigation are not subject to this cooling-off period. Parties intending to pursue a divorce by mutual agreement should negotiate in advance to reach a consensus on all relevant arrangements, prepare all necessary documentation, and, if necessary, consult a qualified attorney to ensure that the terms of the agreement are lawful and valid.