The establishment of a thirty-day divorce cooling-off period under the Civil Code has led to a practical issue: during the cooling-off period, the couple has not yet officially received the divorce certificate, and the marital relationship still exists in law. In this case, is the new debt incurred by one party to the outside world considered a joint debt of the couple? Does the other party need to repay it together? This is a concern for many parties involved in amicable divorce.

  Firstly, it needs to be clarified that during the divorce cooling-off period, the marital relationship still exists. During the thirty-day cooling-off period from the submission of the divorce registration application to the receipt of the divorce certificate, the couple are still legally married. However, the continuation of the marital relationship is only the time background for determining the nature of the debt, and it is not a sufficient condition for recognizing joint debt. The core standard for recognizing joint debt is always the "Joint Debt Joint Signature" rule established by Article 1064 of the Civil Code, which is not directly related to whether the cooling-off period is in effect.

  Specifically, the identification of debt during the cooling-off period follows the following rules:

  First, if there is a joint intention, it is treated as joint debt. If the debt has been jointly signed by both parties, or if the other party recognizes it afterwards through WeChat, text messages, and other means, it is considered joint debt of the couple, regardless of whether the cooling-off period is in effect, and both parties need to repay it together.

  Second, debt incurred for the needs of family daily life is presumed to be joint debt. If one party during the cooling-off period borrows a small amount for normal family expenses such as paying for children's tuition, household utilities, and daily expenses, even if only one party signs, it is generally still considered joint debt. This is because the daily operation of the family has not stopped during the cooling-off period, and necessary expenses still belong to the category of joint life.

  Third, large-scale debt exceeding the needs of daily life is generally considered personal debt. This is the most critical category of debt identification during the cooling-off period. If one party secretly takes out a large loan during the cooling-off period for investment, repayment, personal consumption, etc., and it is clearly beyond the daily needs of the family, if the creditor claims that it is joint debt, they must prove that the debt is used for joint family life, joint business operations, or based on the joint intention of both parties. If evidence cannot be provided, it should be identified as personal debt.

  In judicial practice, courts are cautious about large-scale borrowing during the cooling-off period. Because the cooling-off period itself is a special stage of the breakdown of marital relations and negotiation for divorce, the couple are often already in a state of separation or escalating conflicts. At this time, if one party suddenly takes out a large loan, the possibility of using it for joint family life is low. If the creditor cannot prove that the funds are actually used for joint family life, the court will usually identify it as the personal debt of the borrower, and the other party does not need to bear the repayment responsibility.

  Lawyers remind that after entering the divorce cooling-off period, both parties should try to reduce large-scale economic transactions and promptly inform their creditors of the marital status. If they find that the other party maliciously takes out a large loan during this period, they should pay attention to keeping evidence of separation, the breakdown of feelings, and evidence that the funds were not used for joint life, and actively litigate and defend. The divorce cooling-off period is a last chance to think about the marriage, not a window period for transferring property or malicious borrowing.