[Direct answer]In the Beijing area, if one party changes their mind and does not agree to the divorce during the cooling-off period, the divorce by agreement cannot be completed, but this does not mean that the divorce cannot proceed. According to Article 1077 of the Civil Code of the People's Republic of China (effective from 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 for divorce registration to the marriage registration authority; within 30 days after the expiration of the time limit prescribed in the preceding paragraph, the parties shall apply in person for the issuance of a divorce certificate. Failure to apply within the time limit shall be deemed as a withdrawal of the application. Therefore, changing one's mind during the cooling-off period will result in the termination of the divorce by agreement, and the party insisting on the divorce can only file a divorce lawsuit with the people's court. For matters involving litigation procedures and evidence preparation, please refer to the relevant provisions.Marital and family matters, and divorce litigationColumn.

I. Problem background and typical scenarios

Such situations are common in several circumstances: First, both parties impulsively apply for divorce registration, but one party regrets it and refuses to agree to the divorce during the cooling-off period; Second, the cooling-off period becomes a delaying tactic, and one party takes the opportunity to transfer property or change their mind; Third, if the parties fail to jointly apply for the marriage certificate within 30 days after the registration, it is deemed as a withdrawal of the application; Fourth, after the cooling-off period, if the other party hides faults or property issues, the parties may be more determined to divorce; Fifth, in cases of domestic violence or infidelity, the victim may not be willing to reach an agreement and instead choose litigation. When handling such cases, it is usually first determined whether to continue with the agreement or switch to litigation, and then prepare evidence of marital breakdown. For cases involving the overall rights and interests of marital and family affairs, reference can be made to the relevant provisions.Marriage and family matters, and divorce litigationFor reference, the column covers property agreements and debtsBusiness and contract disputes in enterprisesColumn.

II. Key points of contention

Focus One: The legal consequences of revoking the agreement during the cooling-off period. The divorce procedure will be terminated, and the divorce will not take effect. Focus Two: How the party insisting on divorce can proceed to litigation. They need to prove that the marriage has indeed broken down. Focus Three: The risks of transferring property during the cooling-off period and how to deal with them. Focus Four: The distinction between withdrawing and being deemed to have withdrawn, which affects whether a new application is needed. Focus Five: The statutory standards for litigation divorce, such as bigamy, domestic violence, and separation. Focus Six: Whether the cooling-off period affects child custody and property arrangements. Focus Seven: The timing of securing evidence. Specific determinations shall be based on the current effective laws, regulations, and judicial rulings. For disputes over relevant contracts and agreements, please refer to the relevant provisions.Business and contract disputes in enterprisesColumn.

III. Professional analysis by Henglue Lawyers

Taking a divorce dispute handled by our firm as an example, we can observe the statutory standards for court-ordered divorce. After Liu Hai and his ex-wife divorced, Liu Hai still "lived together after divorce". Xu Xiaofen registered her child's household registration with Liu Hai on November 10, 2017, but the two never lived together and had no marital affection. In September 2022, Liu Hai was declared a person with limited civil capacity, and his daughter Sun Yuanyuan was appointed as his guardian. Liu Hai had twice sued for divorce but was rejected. Later, he entrusted our firm's lawyers to file the lawsuit again. The lawyers collected the "Marriage Agreement", the "Receipt" (stating that Xu Xiaofen paid 150,000 yuan first and would pay another 150,000 yuan after the child's household registration, totaling 300,000 yuan) and the previous judgment to prove that the marriage had broken down and the couple had been separated for more than a year. The court held that Liu Hai's first divorce request was denied because their relationship did not improve after the first judgment. The second lawsuit showed that their relationship had indeed broken down. The court found that the couple had been separated for more than a year after the first judgment, meeting the condition that "if the court refuses to grant a divorce after the first judgment and the couple are separated for more than a year, the court shall grant the divorce upon the second request". According to Article 1079 of the Civil Code of the People's Republic of China, the court ruled that the divorce should be granted. This case shows that the other party's disagreement with the divorce does not prevent the court from granting the divorce. The key lies in the evidence of the breakdown of the marriage and the statutory conditions. This case was handled by Beijing Henglu Law Firm.Yu DayiThe lawyer (practice certificate number: 11101201010292290, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, if the other party changes their mind during the cooling-off period, you should promptly assess whether to continue negotiating or to proceed with litigation. For related procedures, you can refer to the following guidelines.Special services and other cases1. Column; 2. If a lawsuit is decided, collect evidence of the breakdown of the relationship, such as proof of separation, evidence of infidelity or domestic violence, and previous judgments; 3. Pay attention to the rules of withdrawal and deemed withdrawal to avoid misjudging the procedural status; 4. If you find that the other party is transferring property during the cooling-off period, prepare for preservation at the same time; 5. For those with limited civil capacity, the guardian should litigate on their behalf and prepare guardianship materials. For matters involving the recovery of funds and enforcement, you can refer to the relevant provisions.Creditor's rights and debts, and enforcement casesThe column. In terms of legal basis, Article 1077 of the Civil Code of the People's Republic of China stipulates the cooling-off period and withdrawal rules, and Article 1079 stipulates the statutory conditions for litigation divorce and the requirement that a divorce shall be granted if the couple has been separated for more than one year before filing for divorce.

5. Henglue Law Firm's Advice

Risk Alert: Firstly, revoking the agreement during the cooling-off period only terminates the divorce by agreement, and it does not affect the divorce by litigation; Secondly, if the other party does not agree to the divorce, it does not mean that the divorce cannot be granted. If the court can prove that the marriage has broken down, the divorce can still be granted; Thirdly, the cooling-off period is a high-incidence period for property transfer, so people should be vigilant and fix the evidence; Fourthly, if the court rules against the divorce after the couple has been separated for more than a year after the first ruling, the court should grant the divorce. It is necessary to keep the previous ruling and the evidence of separation. It is recommended to entrust a professional lawyer to evaluate the legal path and collect evidence as soon as possible.

VI. Frequently Asked Questions

Q1: If the other party changes their mind and refuses to agree during the divorce cooling-off period, can the divorce still proceed?

Yes, but only through litigation divorce. According to Article 1077 of the Civil Code of the People's Republic of China, either party may withdraw the application for divorce registration during the cooling-off period. If the deadline expires without jointly applying for a divorce certificate, it is also considered a withdrawal, so the divorce by agreement procedure is terminated. The party insisting on divorce cannot force the other party to agree, and can only file a divorce lawsuit with the people's court, which will decide according to whether the marital relationship has truly broken down. If the statutory circumstances such as bigamy, domestic violence, separation for more than two years, or separation for more than one year after the court's decision not to grant a divorce are met, even if the other party does not agree, the court can also grant a divorce.

Q2: What evidence do I need to prepare if I change my mind during the cooling-off period?

The following items should be prepared: the marriage certificate and the divorce registration application record, which prove that the application was made and the other party withdrew it; evidence of a breakdown in the relationship, such as a separation agreement, a rental contract, and a community certificate; evidence of fault, such as police reports of domestic violence, chat records and photos of infidelity; previous judgments, especially those ruling against divorce, which are used to prove the continuity of the breakdown; and clues to assets to prevent their transfer during the cooling-off period. These items are used to support the request for litigation divorce, and it is more beneficial to fix the evidence as early as possible.

Q3: How much does it cost to file for a divorce through litigation?

The fees include attorney fees and litigation fees. Attorney fees are negotiated based on the difficulty of the case; litigation fees are charged per case (the portion involving property division exceeding a certain amount is charged separately), usually paid by the losing party or shared proportionally. If both property and custody rights are handled together, the workload will increase. There are additional fees for preservation measures. The specific amount depends on whether the property is divided and whether a preservation evaluation is conducted. It is recommended to first make a preliminary judgment of the claims and evidence before determining the budget.

Q4: How long does it take to file for divorce through litigation after regretting during the cooling-off period?

If the first divorce judgment is not granted, and the couple subsequently separates for more than a year before filing another lawsuit, the divorce should be granted according to Article 1079 of the Civil Code, which may take more than a year overall. For cases directly entering litigation, the first-instance ordinary procedure typically lasts no more than six months, and the second-instance procedure takes about three months. If there are issues such as property evaluation, domestic violence determination, or the other party's delay in cooperation, the timeframe will be extended. The enforcement stage depends on the other party's cooperation. The key is to secure evidence of the breakdown of the marriage and the separation, in order to avoid procedural repetition.

Q5: If the other party changes their mind and refuses to agree during the cooling-off period, what should I do?

The first step is to confirm the status of the cooling-off period and determine whether the agreement has been terminated. The second step is to assess the other party's true intentions and decide whether to continue negotiations or proceed with litigation. The third step is, if litigation is initiated, to collect evidence of the breakdown of the relationship, separation, and fault. The fourth step is to be vigilant against the transfer of assets during the cooling-off period and, if necessary, apply for asset preservation. The fifth step is for those with limited civil capacity to be represented by their guardians in litigation. It is advisable to consult a lawyer as soon as possible to develop a legal strategy.

The above answer is based on the judicial practice in the Beijing area. The adjudication guidelines in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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 Yu Wei·Beijing Henglue 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.