[Direct answer]First, we need to distinguish the types of procedures. The cooling-off period for divorce by agreement is stipulated in Article 1077 of the Civil Code of the People's Republic of China (effective January 1, 2021): Within 30 days from the date the marriage registration authority receives the application for divorce registration, if either party does not wish to divorce, they may withdraw the application to the registration authority; within 30 days after the expiration of the 30-day period, both parties shall personally apply to the registration authority for the issuance of a divorce certificate. Failure to apply within this period shall be deemed as a withdrawal of the divorce registration application. At this stage, the parties have not yet entered the litigation process, and there is usually a lack of a procedural basis for initiating property preservation, making it difficult to directly apply for freezing the other party's assets. A more effective response involves three steps: First, immediately fix property clues and evidence, including real estate registration information, vehicles, deposit accounts, and financial and insurance certificates; Second, pay attention to any signs of the other party conducting transfers, mortgages, redemptions, or large-scale cash withdrawals, and promptly preserve the evidence; Third, once the cooling-off period expires without registration, or if you discover that the other party is disposing of assets, immediately file a lawsuit and apply for preservation simultaneously. According to Article 1092 (effective January 1, 2021), if a party conceals, transfers, sells, damages, or squanders the couple's joint property, they may be awarded a smaller share or no share in the divorce settlement.Divorce litigation and family disputesThe column provides solutions to similar problems.

1. Problem background and typical scenarios

There are four common scenarios: First, after both parties have jointly submitted the application for divorce registration and entered the 30-day cooling-off period, the other party starts to change the account password, withdraw large amounts of cash, or transfer money to relatives and friends; Second, the other party handles the transfer of housing ownership, vehicle mortgage, or the cancellation of fixed-term deposit slips during the cooling-off period; Third, after the cooling-off period expires, the other party refuses to appear, resulting in the application being deemed as withdrawn, while the property has already been disposed of; Fourth, after both parties have already agreed on the terms, the other party delays and transfers assets for various reasons during the cooling-off period. In the judicial practice of Beijing courts, the court usually judges whether it is an abnormal disposition based on the transaction time, amount, destination, and the normal expenditure level of the family. Concentrated dispositions occurring before and after divorce are more likely to be identified as transfer behaviors. For the operation rules involving housing transfer and transaction links, you can refer to them.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 legal effect of unilaterally disposing of jointly owned property, and whether a transfer at a low price to close relatives can be claimed as invalid or revocable. Focus Three: The distinction between abnormal disposal and normal family expenses or business expenses. Focus Four: The procedural follow-up after the cooling-off period expires without registration. Focus Five: The scope of the objects of preservation and the implementation methods of guarantees. Focus Six: The legal status of property clauses in divorce agreements that have not taken effect. Focus Seven: The path to claim restitution or compensation in the event of discovering that the disposed property has been transferred. Specific determinations shall be based on the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Law Firm

Taking the foreign-related divorce dispute handled by Attorney Xiong Binrong of our firm as an example, we can intuitively see the value of fixing the ownership of property through judicial procedures. Ms. Zhang and Mr. Liu registered their marriage in 1991 and had a daughter who has now reached adulthood. Both parties are now foreign nationals and have been living in Beijing for a long time. The marriage broke down due to the man's infidelity. Although the two parties have reached an agreement on the dissolution of the marriage and the ownership of property, they cannot register the divorce at the marriage registration authority due to their identities. The lawyer, in accordance with the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024) and relevant judicial interpretations, confirmed that Chinese courts have jurisdiction, assisted in preparing identity certificates, marriage relationship certificates, and property ownership certificates, and sorted out the properties, deposits, financial products, and pension memberships under the names of both parties, proposing a division plan that the property under each party's name belongs to them respectively. Under the mediation of the court, the two parties signed a mediation agreement, and the court issued a mediation document confirming the dissolution of the marriage relationship, the ownership of property under each party's name, and the assumption of debts by each party respectively. The key lesson of this case is that only when the ownership of property is written into a valid mediation agreement or judgment will the rights have enforceability. If it only remains at the stage of a signed agreement, if one party reneges on the agreement or disposes of the property during the cooling-off period, the other party will have to bear the cost of providing evidence and seeking redress again. This case was 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 recommendations: 1. During the cooling-off period, fully copy all family property certificates, including property registration information, vehicle registration, and deposit and financial account information. 2. Preserve evidence of the other party's abnormal disposal of assets, such as transfer records, online signing information for real estate transactions, vehicle transfer information, and chat records. 3. When communicating with the other party, maintain written or audio records to avoid oral promises being unverifiable. 4. If the other party refuses to cooperate with registration after the cooling-off period expires, initiate litigation as soon as possible and simultaneously submit a preservation application, arranging for a guarantee method in advance. 5. In the litigation request, explicitly claim a reduced or no share in hidden or transferred assets, and apply to the court to retrieve transaction details. 6. If you discover that the other party has transferred assets to close relatives at a significantly low price, promptly raise claims for revocation or invalidation. Legal basis: - Articles 1077, 1092, and 1099 of the Civil Code of the People's Republic of China (effective January 1, 2021); - Provisions on pre-litigation and in-litigation property preservation in the Civil Procedure Law of the People's Republic of China (amended in 2023, effective January 1, 2024); - Specific operations shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, the cooling-off period is not a safe period, and the risk of property disposal is precisely concentrated in this period. Secondly, the core of preservation is speed and guarantee, and both should be prepared simultaneously, not waiting until all materials are ready to apply. Thirdly, transferring property to relatives and friends at a low price often leaves transaction traces, which can be used as evidence for claiming revocation or non-recognition. Fourthly, the property clauses that have not taken effect in the agreement do not have enforceable force, and if necessary, they can be fixed through litigation. Fifthly, if there are already situations of domestic violence or threats during the cooling-off period, priority should be given to litigation for divorce and simultaneously claiming protective measures.

VI. Frequently Asked Questions

Q1: Can I apply for property preservation during the cooling-off period?

During the cooling-off period of a divorce by agreement, the parties have not yet obtained the right to sue, and there is usually a lack of a procedural basis for filing a preservation application. In practice, it is difficult to directly apply for a freeze on the other party's assets. If a lawsuit has already been filed, or if an application for pre-litigation preservation is made under emergency circumstances and the required guarantees are provided, the application can be submitted in accordance with the law, and the court will review and decide on the matter.

Q2: How long is the cooling-off period, and how is it calculated?

According to Article 1077 of the Civil Code of the People's Republic of China, within 30 days from the date the marriage registration authority receives the application for divorce registration, either party may withdraw the application; within 30 days after the expiration of this period, both parties shall personally go to the registration authority to apply for the issuance of a divorce certificate. Failure to apply for it shall be deemed as a withdrawal of the application for divorce registration. Both of these 30-day periods need to be paid attention to.

Q3: What should I do if the other party transfers the house to a relative during the cooling-off period?

It is necessary to timely preserve the transaction information and online signing records. In the litigation, you can claim that the disposition of the property belongs to the transfer of the couple's joint property, and request a smaller share or no share at all. If the price is obviously unreasonably low, you can also claim to revoke the transaction or request the other party to provide a discounted compensation. The key is to prove the abnormality of the transaction and the relationship between the transferee and the other party.

Q4: If the other party fails to show up after the cooling-off period expires, is the agreement still valid?

If the parties fail to apply for the issuance of a divorce certificate in person within 30 days after the expiration of the cooling-off period, it shall be deemed that they have withdrawn their application for divorce registration, and the marriage relationship has not been dissolved. At this time, the divorce and property clauses in the agreement are not enforceable, and it is necessary to renegotiate or resolve the matter through litigation. The risks of property disposition that have occurred should also be claimed and dealt with together.

Q5: How much of the property will be allocated to the other party during the divorce proceedings if one party attempts to transfer assets?

The law does not stipulate a fixed ratio. According to Article 1092 of the Civil Code of the People's Republic of China, the court may decide that the party should receive a smaller share or no share at all. The specific proportion shall be determined based on the amount, time, destination, degree of fault and evidence of the disposition, and the party claiming the disposition shall bear the burden of proof for the facts and amount of the disposition.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in other 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 evidence materials, so as 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 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.