[Direct answer]In the Beijing area, whether it is possible to apply for property preservation during the divorce cooling-off period depends on the type of procedure. In litigation divorce, as long as the case has been filed, property preservation can be applied for in accordance with the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024), including in-court preservation and pre-litigation preservation in urgent situations. In the registration procedure of divorce by agreement, the parties have not yet filed a lawsuit, so there is usually no procedural basis for applying for preservation, and it is difficult to directly apply to the court for freezing the other party's property in practice. Therefore, the truly effective approach during the cooling-off period is three steps: First, comprehensively fix the clues and evidence of joint property, including real estate registration, vehicle information, deposit accounts, and financial and insurance certificates; Second, once the cooling-off period expires and the parties have not completed the divorce registration, immediately proceed to litigation and submit the preservation application simultaneously, while arranging for guarantees; Third, if it is found during the cooling-off period that the other party is handling transfer, mortgage, redemption, or large-scale cash withdrawal, timely consult a professional lawyer to assess whether to initiate litigation first to obtain preservation qualifications. According to Article 1092 of the Civil Code of the People's Republic of China (implemented on January 1, 2021), if one party hides, transfers, sells, damages, or squanders the couple's joint property, the other party may be granted a smaller share or no share in the divorce settlement, but the claim for a smaller share still requires evidence to support it.Divorce litigation and family disputesThe practical approach provided by the column is to first fix the assets, then preserve them, and finally discuss their division.

1. Problem background and typical scenarios

The parties who consult such issues are often in two situations: First, the two parties have signed a divorce agreement and jointly submitted a registration application, entering a 30-day cooling-off period. However, during the cooling-off period, the other party starts transferring property, changes the account password in front of the party, or proposes to give all the property to himself/herself. Second, the two parties have already agreed on the terms, but the other party changes his/her mind at the last minute and refuses to handle the divorce registration. At this time, the party has no effective documents to enforce and cannot directly apply for preservation. There is also a situation where the two parties agree to cooperate in handling the transfer of real estate during the cooling-off period, but the other party delays for various reasons, attempting to convert the jointly owned property into personal property. The common feature of these scenarios is the risk exposure within a certain time window, and the speed of handling the matter is often more important than the strength of the argument. The operations of registration and transfer can be referred to for reference.Real estate transactions and construction projectsColumn.

II. Key points of contention

Focus One: Whether the applicant has obtained the right to sue during the cooling-off period and can subsequently file a preservation application. Focus Two: The relationship between the agreement and the unauthorized disposition of property, and how to determine the legal effect of a party unilaterally disposing of jointly owned property during the cooling-off period. Focus Three: The handling of the other party's application to withdraw registration or amend the agreement before the cooling-off period expires. Focus Four: The source and cost of the preservation guarantee, and how to implement the guarantee when litigation fees cannot be deferred during the cooling-off period. Focus Five: The scope of the preservation object—whether specific items or shares of family joint property can be frozen separately. Focus Six: The exercise period of the right of revocation and the right to request return if the other party has already disposed of the property. Focus Seven: Whether the provisions of the divorce agreement can be transformed into litigation claims if the divorce registration is not completed on time. The specific handling of the above issues shall be subject to the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Law Firm

Taking the divorce dispute represented by Attorney Xiong Binrong of our firm as an example, we can clearly see the interconnection between property disposition and fault determination. Wang *sheng and Zhang *hua registered their marriage in 2006 and had one daughter (who has already reached adulthood) and one son (11 years old). After marriage, they accumulated assets such as real estate, vehicles, machinery, and insurance. In April 2025, Zhang *hua filed for divorce first, but Wang *sheng tried to save the marriage. In August of the same year, the court ruled against the divorce. Two months later, Wang *sheng discovered that Zhang *hua had been having an affair during the marriage and therefore entrusted Attorney Xiong Binrong to file for divorce again, requesting the dissolution of the marriage, the child born from the marriage to live with him/her and be supported by the other party on a monthly basis, the division of jointly owned property, and the sharing of joint debts of 524,782 yuan, as well as damages of 50,000 yuan. The defendant, Zhang *hua, verbally agreed to the divorce but attached harsh conditions and counter-accused the plaintiff of transferring assets and fabricating debts. One of the lawyer's key tasks was to trace every penny of the funds and household expenses to refute the accusation of transferring assets. Another key point was to argue that allowing the child born from the marriage to live with the plaintiff would better comply with the principle of maximizing the interests of minors, based on the child's growth environment and the parties' ability to raise the child. Ultimately, the court ruled that Zhang *hua had been having an affair during the marriage after her first divorce filing was dismissed, and the marriage had indeed broken down, granting the divorce. It was determined that the child born from the marriage would live with Wang *sheng, and Zhang *hua would pay 550 yuan per month in child support until the child reached adulthood. Based on the principles of considering the child's best interests, the plaintiff's rights, and the non-at-fault party's rights, it was determined that Zhang *hua's infidelity during the marriage constituted a major fault, and Wang *sheng was entitled to 70% of the jointly owned property, with the house, car, and truck belonging to the plaintiff and the weaving machine and warping machine divided in a 7:3 ratio. The education fund and insurance would belong to the child. Additionally, it was determined that the 35,000 yuan borrowed from the plaintiff's parents constituted a joint debt, with the plaintiff responsible for repaying the full amount and the defendant responsible for half of it (17,500 yuan). Since the division of property already reflected the liability for fault, the request for damages was rejected. This outcome reminds us that rather than focusing all our efforts on post-event accountability, it is more important to complete evidence fixation and preparation before property disposition to minimize the cost of proof. This case was handled by Beijing Henglu Law Firm.Xiong BinrongThe attorney (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action recommendations: 1. During the cooling-off period, fully copy and retain family property certificates, including property registration, vehicle registration, insurance contracts, and financial account information. 2. Review the family's income and expenditure over the past two years, noting large-scale expenses and unilateral disposal actions by the other party. 3. During the cooling-off period, explicitly inform the other party not to dispose of joint property without authorization. If necessary, include prohibitions against disposal and breach-of-contract clauses in the agreement. 4. Before the cooling-off period expires, consult with a lawyer to determine next steps, including whether to immediately file a lawsuit and apply for preservation measures simultaneously. 5. Prepare guarantees in advance to avoid having the application dismissed due to insufficient guarantees. 6. If disposal of assets has already occurred, promptly assess the exercise period for the right of revocation and the right to request return of property. Legal basis: - Articles 1066, 1079, and 1092 of the Civil Code of the People's Republic of China (effective January 1, 2021); - Provisions on pre-litigation and litigation property preservation in the Civil Procedure Law of the People's Republic of China (amended in 2023, effective January 1, 2024); - Specific requirements for divorce registration procedures shall follow the currently applicable regulations.

5. Henglue Law Firm's Advice

Firstly, the cooling-off period is not a protection period. During the cooling-off period, the other party can still dispose of the couple's jointly owned property. Secondly, agreement-based divorce and litigation-based divorce are two different procedures, and the feasible path for property preservation is also different. They cannot be confused with each other. Thirdly, property preservation requires guarantees, and the cost of the guarantee should be included in the cost estimation in advance. Fourthly, once you discover that the other party is handling the transfer of ownership or withdrawing large amounts of cash, you should not wait for the end of the cooling-off period and immediately assess the possibility of initiating litigation. The reason for emphasizing this point repeatedly is that once such disposal is completed, the difficulty and time cost of returning the property will increase significantly. Fifthly, if there are major misunderstandings or obvious unfairness in the content of the divorce agreement signed by both parties during the cooling-off period, there is limited room for subsequent amendment. The terms should be clearly stated item by item, including the subject matter, amount, and time limit. Sixthly, the authenticity of joint debts should be actively reviewed to avoid assuming joint and several liability for debts fabricated by the other party. The debt review approach can be referred to for reference.Creditor's rights and debts, and enforcementColumn.

VI. Frequently Asked Questions

Q1: Can I freeze the other party's bank account during the divorce cooling-off period?

It depends on the specific circumstances. If the case has been registered in the litigation divorce procedure, the applicant can apply for a freeze in accordance with the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024). In the agreement divorce registration procedure, the applicant has not yet filed a lawsuit, so there is usually no procedural basis for submitting a preservation application. In practice, an alternative approach is to first secure clues to the property and, once the cooling-off period expires and the divorce registration is not completed, immediately file a lawsuit and simultaneously apply for preservation.

Q2: How long is the cooling-off period left, and what should I do now?

It is recommended to handle them in order of urgency: First, keep and back up the family property certificates and account information in full; Second, sort out the large-scale fund transactions in the past two years and mark the abnormal items; Third, confirm whether the other party has recently carried out actions such as transferring ownership, withdrawing cash, or applying for mortgages; Fourth, confirm with a lawyer whether to immediately initiate litigation and guarantee schemes. The cooling-off period is 30 days. The earlier you complete the above preparations, the more initiative you will have in the subsequent procedures.

Q3: If the other party transfers the house to a relative during the cooling-off period, can I still get it back?

It is necessary to distinguish whether the transferee acted in good faith, whether they paid consideration, and whether there was malicious collusion. If it can be proven that the purpose of transferring the couple's joint property existed, it can be argued that the party should be allocated a smaller share or no share in the divorce settlement; where the right of revocation is exercised, attention should be paid to the period stipulated by law to avoid exceeding the time limit. In practice, it is recommended to fix the transfer time, price, and fund flow evidence as soon as possible.

Q4: Security requires a guarantee. What should I do if I don't have time to prepare during the cooling-off period?

Guarantee is a prerequisite for preservation, and it is usually required to be equivalent to the amount of preservation. The available options include cash, real estate, insurance guarantees, and joint and several guarantees by third parties, with requirements varying among different courts. It is recommended to confirm the form of guarantee with the presiding judge before applying and to communicate with the guarantor in advance. If it is truly impossible to provide a guarantee, you can evaluate the feasibility of applying for pre-litigation preservation or adjusting the litigation request.

Q5: If the other party refuses to cooperate with the divorce registration after the cooling-off period expires, can the divorce still proceed?

It can be converted into litigation divorce. If the divorce by agreement cannot be completed, either party may file a divorce lawsuit with the people's court with jurisdiction, and the court shall decide whether to grant the divorce according to law. At this time, the division of property, child custody, and debt assumption will be handled together, and property preservation can also be applied simultaneously. The provisions agreed upon in the agreement can be used as the basis for negotiation and factual claims in court.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the adjudication guidelines in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials 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 the current effective laws and regulations and public 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 a dispute arises, please consult a practicing lawyer in a timely manner.