[Direct answer]In the Beijing area, debts borrowed by one party during the divorce cooling-off period do not necessarily belong to marital joint debts just because they occurred during the cooling-off period, nor do they automatically become personal debts once the cooling-off period begins. The judgment basis is Article 1064 of the Civil Code of the People's Republic of China (effective January 1, 2021): debts jointly signed by both spouses or debts subsequently acknowledged by one party, as well as debts incurred by one party in his/her personal name for the needs of daily family life, belong to marital joint debts; for large-scale loans exceeding the needs of daily family life, if the creditor claims that they are joint debts, he/she shall prove that the funds are used for common life, common production and operation, or based on a common expression of intention. In other words, the cooling-off period is just a time reference. The real review point is the borrowing agreement and the use of the funds. After the divorce, the borrower's spouse can still use this as a defense.

1. Problem background and typical scenarios

Typical situations in practice include: one party borrows money from relatives and friends in their own name during the cooling-off period to pay for the children's tuition, family medical expenses, or daily expenses, and the spouse knows about it afterwards and does not object; one party borrows money again to repay previous personal loans during the cooling-off period; one party raises funds from others for personal business during the cooling-off period, and the spouse claims that they do not know about it; and there is another situation that is easily overlooked: the marriage registration authority has accepted the application for divorce registration, but the two parties have not actually separated and lived apart. In this case, the identification of property and debts should still be based on the state of the marriage relationship being in existence.Divorce litigation and family disputesThe consultation shows that many parties mistakenly believe that the expiration of the cooling-off period means that the marriage relationship has been dissolved.

II. Key points of contention

Focus One: The legal effects of the cooling-off period: the relationship between whether the divorce registration application is accepted and whether the marriage relationship is dissolved. Focus Two: The review of the loan agreement, including the criteria for determining joint signatures, verbal consent, and subsequent ratification. Focus Three: The review of the loan purpose, with the standard for judging whether it meets the needs of daily family life. Focus Four: The reasonableness of the amount and duration, and whether the single loan amount significantly exceeds the family's spending level. Focus Five: The verification of the repayment source, whether it comes from one party's personal income or the family's joint income. Focus Six: The scope of the creditor's rights under the debt-sharing provisions in the divorce agreement.Creditor's rights and debts, and enforcementThere is also a summary of the debt recovery path in the column.

III. Professional analysis by Henglue Law Firm

When handling divorce cases involving one party's debt during the cooling-off period, Henglue Lawyers typically adopt a verification method that parallels two lines: the timeline and the fund chain. On the timeline side, they arrange the acceptance date of the divorce registration application, the expiration date of the cooling-off period, the signing date of the loan contract, and the disbursement date in sequence, clarifying whether the parties were still in a marital relationship when each debt was incurred, to avoid mistaking the acceptance of the registration application for the dissolution of the marriage. On the fund chain side, they verify the flow of the loan to see whether it entered the family account for living expenses or the operating entity's account for production and operation. At the same time, they will review the source of the repayment funds. If the repayment comes from the family's joint savings or one party's salary income, it can be used as supplementary evidence that the debt belongs to a joint liability. Lawyers particularly note that if the creditor claims that the debt is a joint liability, the creditor should bear the burden of proof regarding its use for joint living, joint production and operation, or its assumption based on a joint expression of intent. If the divorcing party merely denies it in general and fails to provide counter-evidence, it is easy to be recognized as a joint liability. Therefore, the rebuttal must focus on the specific aspect of the use of the funds.

IV. Practical suggestions and legal basis

Action suggestions: First, keep relevant receipts for the acceptance and withdrawal of divorce registration applications, and clarify the time range of the marriage relationship; Second, collect receipts for household living expenses during the same period and form a defense comparison table; Third, verify the actual use of the borrowed funds and, if necessary, apply to the court to retrieve bank transaction records; Fourth, review whether there is evidence of joint signatures, subsequent recognition, or family joint benefits; Fifth, specify in the divorce agreement which party should bear the debts and keep the agreement and receipts; Sixth, promptly claim that debts arising from illegal lending are not protected by law. Legal basis: Articles 1064 and 1066 of the Civil Code of the People's Republic of China (both effective from January 1, 2021); the provisions on marital joint debts in the Interpretation (I) of the Marriage and Family Chapter of the Civil Code of the People's Republic of China (effective from January 1, 2021); and the relevant provisions on divorce registration procedures shall be subject to the currently effective laws and regulations. For details on debt recovery, please refer to the relevant provisions.Special services and other cases.

5. Henglue Law Firm's Advice

First, the expiration of the cooling-off period does not mean that the marriage relationship has been dissolved. The completion date of the divorce registration is the key node. Second, the responsibility for claiming non-joint debts lies with the party who raises the claim, and verbal denials are usually not accepted as evidence. Third, the purpose of the loan is the most crucial review direction. Bank transaction records are often more effective than oral testimony. Fourth, the other party's signature or subsequent acknowledgment is a common node for converting debts into joint debts. Fifth, the debt sharing within the divorce agreement can only bind the parties, but the creditor's consent or legal determination is still required externally. Sixth, illegal debts are not protected by law and can be fundamentally excluded. Related property preservation ideas can also be referred to.Real estate transactions and construction projectsPractical tips in the article.

VI. Frequently Asked Questions

Q1: If money is borrowed during the cooling-off period, do the spouses still have to repay it together after the divorce?

It depends on whether it belongs to the couple's joint debts. According to Article 1064 of the Civil Code of the People's Republic of China, debts signed by both parties or debts recognized by one party after the fact, as well as debts incurred by one party in his/her own name for the needs of daily family life, belong to joint debts; for large-scale loans exceeding the needs of daily family life, the creditor needs to prove that the loans are used for common life, common operation, or based on a common expression of intention. Therefore, the cooling-off period itself is not a criterion for judgment. The purpose and consent are what really matter.

Q2: When does the cooling-off period start to be calculated?

From the date the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce during this period, they may withdraw the application for divorce registration from the registration authority. It should be noted that receiving the application does not mean that the marriage relationship has been dissolved. The registration authority shall register the divorce and issue a divorce certificate after reviewing and verifying the marital situation. Therefore, during the cooling-off period, the two parties are still in a marital relationship, and issues related to property and debts shall still be handled in accordance with the rules on marital joint property.

Q3: If one party loses money in business during the cooling-off period, can the creditor hold the spouse accountable?

It's possible, but the creditor needs to provide evidence. Debts arising from operating losses, if it can be proven that they were used for the couple's joint operation or based on the mutual intention of both parties, are considered joint debts; if they belong to one party's individual business activities, the spouse can claim them as personal debts. In practice, common disputes focus on whether the operation is necessary for the family's common life, and whether the spouse was aware of and participated in the decision-making process. These two factors often determine the court's judgment direction.

Q4: If the divorce agreement stipulates that the debt belongs to one party, will the creditor accept it?

Not necessarily. A divorce agreement is an internal agreement between the two parties, and it does not automatically take effect against creditors. Creditors can still claim repayment from both parties according to law, and usually need to prove that the debt belongs to the couple's joint debt. If the agreement explicitly stipulates that one party should bear all the debts, the main purpose is to determine the final sharing ratio within the couple and avoid further recovery of the debts after the divorce. Therefore, when signing the agreement, it is necessary to clearly state the amount, nature, and repayment time.

Q5: How to prove that the loan was not used for family life?

We can start with the flow of funds: check the purpose of the loan contract, and review the account transactions after the loan is disbursed to see whether the funds directly enter the other party's operating account, are used for personal investment, or to repay their personal debts. Then, compare it with the family's living expenses during the same period to determine whether the amount of money is significantly exceeding the family's daily needs. If necessary, we can apply to the court to retrieve the transaction details and submit the family's expense vouchers for comparison, which is the most effective way of defense.

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 Henglue Lawyers on specific situations.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.