[Direct answer]It can be amended through negotiation. Article 1077 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that within 30 days from the date the marriage registration authority receives the application for divorce registration, if either party does not wish to divorce, he or she may withdraw the application for divorce registration from the registration authority; within 30 days after the expiration of the aforementioned period, the parties shall personally apply to the registration authority for the issuance of a divorce certificate. Failure to apply shall be deemed as a withdrawal of the application for divorce registration. In other words, during the cooling-off period and the subsequent 30 days, the divorce has not been completed, and the divorce agreement has not yet taken effect. The parties may renegotiate, amend, or even withdraw from the agreement regarding property division, child custody, and other matters. The agreement usually takes effect when the divorce registration is completed and the divorce certificate is obtained. If the divorce registration has been completed, the agreement will be binding on both parties. Unless there are statutory revocation circumstances such as fraud or coercion, it generally cannot be unilaterally modified.

1. Problem background and typical scenarios

For a divorce by agreement, there is a 30-day cooling-off period. During this period, many people will reconsider whether the division of property is fair and whether the arrangements for the children are appropriate, and then want to modify the divorce agreement they previously signed. There are three typical scenarios: First, during the cooling-off period, one party discovers that the other party has hidden assets and hopes to redistribute them; Second, they signed the agreement hastily and later found that the division of assets is clearly unbalanced; Third, the emotions between the two parties either ease or intensify, and one party requests to change the custody arrangements. In the judicial practice of Beijing, disputes surrounding the cooling-off period and the effectiveness of the agreement often focus on one party still demanding to perform according to the original agreement after changing their mind, or one party claiming that the agreement has taken effect after withdrawing their application.

II. Key points of contention

First, whether the divorce agreement has taken effect during the cooling-off period. Second, whether either party can unilaterally modify or revoke it. Third, the legal consequences of withdrawing the divorce registration application. Fourth, what will happen if one party refuses to cooperate in picking up the marriage certificate. Fifth, whether the agreement can be amended after the divorce registration is completed. The key lies in clarifying the time node when the agreement takes effect: before it takes effect, there is room for negotiation and adjustment; after it takes effect, it enters the strict threshold for modification or revocation.

III. Professional analysis by Henglue Law Firm

Based on Henglue Law Firm's experience in handling divorce cases, there are several points worth noting regarding the cooling-off period and the effectiveness of the agreement. Firstly, the effective time point. The divorce agreement requires three steps: application, cooling-off period, and certificate issuance. Only after completing the divorce registration and obtaining the divorce certificate will the property division and child custody provisions in the divorce agreement take effect. Before that, both parties have ample room for negotiation and adjustment of the agreement content. Secondly, the handling of revocation. During the cooling-off period, either party may withdraw the application. If neither party applies for a certificate within 30 days after the cooling-off period expires, it shall be deemed as a withdrawal. If one party repeatedly refuses to cooperate and the other insists on divorce, the case can be resolved through litigation. Thirdly, changes after effectiveness. The effective divorce agreement is binding on both parties. If one party fails to perform its obligations, the other party may sue or apply for enforcement according to the agreement. If the parties believe there were fraudulent or coercive circumstances at the time of signing the agreement, they should claim its revocation within the statutory time limit rather than simply revoking it unilaterally. Fourthly, clarify the agreement terms. Taking the divorce cases handled by our firm as an example, making clear agreements on property ownership and debt assumption and having them confirmed through judicial procedures often effectively reduce subsequent disputes. This case is handled by Beijing Henglue Law Firm.Xiong BinrongThe attorney (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: Firstly, if you need to make amendments during the cooling-off period, you can renegotiate with the other party and reach a new written agreement; Secondly, pay attention to the time nodes of withdrawal and certificate collection to avoid being regarded as withdrawing the application due to failing to collect the certificate within the time limit; Thirdly, check the property list and debt situation before signing to avoid omissions or concealment; Fourthly, if the other party does not cooperate with certificate collection, you can consider switching to litigation divorce. For matters involving agreement divorce and cooling-off period arrangements, you can refer to the relevant provisions of the Marriage and Family Code of the People's Republic of China.Divorce litigation and family disputesFor matters involving the drafting and review of agreement terms, you may refer to the following for reference:Business and contract disputes in enterprisesLegal basis: Articles 1076, 1077, and 1078 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, if the agreement does not take effect during the cooling-off period, there is still room for modification, but it should be formalized in writing. Secondly, if the couple fails to obtain a marriage certificate within 30 days after the cooling-off period expires, it shall be deemed that they have withdrawn their application. Thirdly, once the agreement takes effect, it becomes legally binding, and any revocation must comply with the statutory conditions. Fourthly, for matters involving important property and child arrangements, it is recommended to consult a lawyer before signing the agreement. For issues related to the cooling-off period and divorce by agreement, you can seek legal advice through the following channels:Divorce litigation and family disputesThe overall solution for service acquisition, which involves the drafting and review of agreements, can be combined with other services.Business and contract disputes in enterprisesFor cases involving non-performance after the agreement takes effect, you can refer to the following examples for reference.Creditor's rights and debts, and enforcement casesColumn.

VI. Frequently Asked Questions

Q1: Can the divorce agreement be modified during the cooling-off period?

Yes. Since the divorce has not been finalized during the cooling-off period and the divorce agreement has not yet taken effect, the two parties can renegotiate and amend the provisions on property division, child custody, and other matters.

Q2: When does the divorce agreement take effect?

Generally, the agreement takes effect when both parties go through the divorce registration and receive the divorce certificate; before that, the agreement does not have a mandatory binding effect on either party.

Q3: What should I do if one party changes their mind during the cooling-off period and doesn't want to divorce anymore?

Either party may withdraw the application for divorce registration from the marriage registration authority; if the other party insists on the divorce, he/she may file a divorce lawsuit in accordance with the law.

Q4: What will happen if I don't go to pick up the marriage certificate after the cooling-off period?

This is considered as a withdrawal of the divorce registration application, and the parties need to re-apply in order to restart the divorce by agreement process.

Q5: Can the property division agreement be amended after divorce?

After the agreement takes effect, it generally cannot be unilaterally amended. If you believe there were circumstances of fraud or coercion when the agreement was signed, you can request the court to revoke or amend it within the statutory time limit.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Xiong Binrong·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available adjudication rules. It is for general reference only and does not constitute formal legal advice on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer promptly.