One of the most controversial part of the civil code is that it requires couples seeking divorce to wait for a month before their request can be processed. It has sparked widespread opposition online because many believe this harms their freedom to divorce. Why is the law still passed despite the oppositions? What does it mean to people seeking divorce?
The first principle we should make it clear is freedom of marriage, and freedom of divorce. However, all freedoms are limited. For example, immediate family members shall not be married. The law may impose restrictions based on public order and good custom.
In divorce freedom aspect, we need to consider it carefully. The mandatory “cooling-off period” only applies to couples who go to the marriage registration office to negotiate a divorce. They may just make rash decisions and divorce hastily and then regret.
In addition, divorce has some bad effects on the whole society. The society is composed of individual families, divorce will bring about a series of consequences, such as the division of property and the raising of children, which may have bad influence on children’s growth. So, the law provides for a 30-day cooling-off period for such case. The couple have 30 days to consider it carefully. if they still want a divorce, their rights will be respected definitely.
The “cooling-off period” system does not apply to all cases of divorce. Domestic violence or marital infidelity are not subject to it.