[Direct answer]The divorce cooling-off period does not preclude mediation. According to Article 1077 of the Civil Code of the People's Republic of China, if the couple voluntarily divorce, there will be a 30-day cooling-off period from the date the marriage registration authority receives the application for divorce registration. After the expiration of the period, if both parties still jointly apply for registration, the registration will be granted. This system targets the divorce procedures through agreement at the civil affairs department and does not restrict the parties from seeking divorce through mediation by the people's court. If the parties reach an agreement on divorce, child custody, and property division during the cooling-off period, they can still file a lawsuit with the court, and the court will issue a mediation agreement, which has the same legal effect as a judgment. It is recommended to first evaluate the focus of the dispute and, if necessary, consult a professional lawyer to resolve the dispute efficiently through litigation mediation. For more details, please refer to the following link:Divorce litigation and family dispute services.

1. Problem background and typical scenarios

After the implementation of the Civil Code, the divorce cooling-off period has become a mandatory procedure for divorce by agreement. Many parties mistakenly believe that they "can't do anything" during the 30-day cooling-off period, thus allowing conflicts to escalate. Typical scenarios include: both parties have reached an agreement on property and custody during the cooling-off period and are eager to dissolve the marriage to avoid regrets; one party regrets their decision and the other party hopes to dissolve the marriage as soon as possible; and after the cooling-off period expires, one party refuses to attend the hearing, leading to the failure of the divorce by agreement. In practice, many parties spend months on the process due to their unfamiliarity with the procedures. For related divorce procedures and property division points, please refer to the following sources for reference:Divorce litigation and family dispute resolution servicesClear the feasible path in advance.

II. Key points of dispute

There are three main points of controversy. Firstly, the scope of application of the cooling-off period: the system only applies to divorce by civil agreement, and divorce by litigation and court mediation are not subject to the 30-day restriction. Secondly, whether it is possible to change one's mind during the cooling-off period: either party may withdraw the application during the cooling-off period, but after the expiration of the period, both parties must apply together. Single-party attendance will not be processed. Thirdly, the relationship between mediation and the cooling-off period: when the parties are unwilling to wait or unable to reach an agreement, they can skip the civil mediation process and directly file a lawsuit. The court will organize mediation and issue a mediation agreement. For matters involving the details of property division, the parties should evaluate the solutions based on the evidence of the individual case to avoid procedural stagnation.

III. Professional analysis by Henglue Law Firm

Based on the family cases handled by our firm, both foreign and domestic divorce cases can be efficiently concluded through mediation. Taking the divorce and property division case of Ms. Zhang and Mr. Liu as an example: The couple registered their marriage in 1991 and are now both foreign nationals who have lived in Beijing for a long time. The marriage broke down due to the man's infidelity. Since both parties are foreign nationals, the domestic civil affairs bureau cannot handle the divorce registration. Ms. Zhang entrusted Beijing Henglu Law Firm to handle the case for her.Xiong BinrongThe lawyer dissolved the marriage and confirmed the division of property through litigation. Based on the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023 and implemented on January 1, 2024) and relevant judicial interpretations, the lawyer confirmed that both parties have a habitual residence in China and that Chinese courts have jurisdiction. He comprehensively sorted out the real estate, deposits, and financial products owned by both parties, proposed a division plan whereby the property owned by each party would belong to them individually, and facilitated the signing of a mediation agreement between the parties under the court's supervision to dissolve the marriage. This case was handled by Beijing Henglu Law Firm.Xiong BinrongThe lawyer (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis is Article 1077 (Divorce Cooling-off Period) and Article 1080 (Methods of Dissolving Marriage Relationships) of the Civil Code of the People's Republic of China (effective from January 1, 2021); and the provisions on mediation and jurisdiction in the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023 and effective from January 1, 2024). Practical suggestions: Make it clear that the cooling-off period only applies to consensual divorce; if an agreement has been reached or one party has changed their mind during the cooling-off period, they can directly file a lawsuit for mediation with the court; when filing the lawsuit, prepare the marriage certificate, property ownership certificates, and evidence of the breakdown of the marriage relationship; if there are cross-border factors involved, first confirm the jurisdiction and translate and authenticate the identity materials. For more procedural options, please refer to the relevant guidelines.Beijing Henglu Law FirmRelated guidelines.

5. Henglu Law Firm's Advice

The cooling-off period is not a "freeze period", and it doesn't mean that divorce is impossible. If there are no disputes between the parties, litigation mediation is often more efficient and the results are more binding than waiting for the cooling-off period to expire. If one party delays, it is necessary to promptly switch to court procedures to avoid rights being left unresolved. It is recommended to fix the evidence related to infidelity, property, and custody as soon as possible, and to rationally choose the path of agreement or litigation. For complex situations such as cross-border issues and property concealment, it may be necessary to seek assistance from professionals.Attorney Xiong BinrongThe team's professional experience enables them to develop divorce solutions that balance efficiency and fairness.

VI. Frequently Asked Questions

Q1: If I apply for divorce mediation during the divorce cooling-off period, can I successfully dissolve the marriage?

The success of the divorce does not depend on a promise of the outcome, but on the path and the willingness of both parties. The cooling-off period only applies to civil divorce agreements. If both parties have reached an agreement on divorce, children, and property, they can directly file a lawsuit with the court. The judge will preside over the mediation and issue a mediation agreement, which will take effect upon signing and have the same legal effect as a judgment. Conversely, if one party firmly refuses to agree, the cooling-off period cannot force the other party to comply, and the court will still need to adjudicate whether to grant the divorce through litigation. Therefore, the key to success lies in the mutual consent and evidence of both parties, rather than the cooling-off period itself. It is recommended to clarify the disputes first and then decide on an agreement or litigation.

Q2: If I want to divorce through mediation, what evidence do I need to prepare?

Suggested preparations: marriage certificate or marriage registration certificate, identity proof and proof of habitual residence of both parties; birth certificate of children and materials on their current upbringing; property ownership certificates, bank statements, financial management and insurance policies, etc.; evidence proving the breakdown of the marriage (such as infidelity, separation, domestic violence records); and a written agreement on property division and child custody reached by both parties. The organization of evidence should focus on the four aspects of "marital relationship - breakdown of the marriage - child custody - property division". The more complete the materials are, the easier it will be to finalize the mediation plan. For those involving cross-border identities, it is also necessary to complete the translation and authentication.

Q3: How much do lawyers' fees and litigation costs amount to for divorce mediation litigation?

The fees fall into two categories. According to the "Measures for the Payment of Litigation Costs", litigation fees are paid in stages depending on whether the case involves property division and the amount of the claim. Divorce cases that do not involve property or have a low claim amount are charged less, while those involving large amounts of property are charged proportionally. Mediated settlements are usually charged at half the rate. Lawyer's fees are related to the complexity of the case, the scale of the property, and the lawyer's qualifications. They are charged on a per-case basis or as a percentage of the claim amount, with the specific charges subject to the contract of engagement. There is no unified government pricing. It is recommended to clarify the fee range and cap with the law firm before entrusting them, and to weigh the costs before proceeding with the case.

Q4: How long does it usually take from applying for a divorce to receiving the divorce mediation document?

The timeframe varies depending on the path taken. For divorce through a civil agreement, there is a 30-day cooling-off period. After this period, both parties must jointly apply for registration, which typically takes about a month. If the case is transferred to litigation mediation, the simple procedure will be concluded within three months, and the ordinary procedure will take six months. Cases resolved through mediation are often completed even faster, with some cases issuing mediation documents within a few weeks. For cross-border or complex property disputes, the process may be prolonged due to jurisdiction, translation, and evidence collection. Overall, litigation mediation is usually more efficient than passively waiting for the cooling-off period when both parties cooperate. It is recommended to choose a path based on the level of dispute.

Q5: I want to divorce during the cooling-off period. What should I do first?

Here's the translation of the text into English, with a detailed explanation: Suggested four steps: First, assess the level of dispute—if an agreement has already been reached, the cooling-off period is just a procedural waiting period; if one party changes their mind, prepare to file a lawsuit directly. Second, gather evidence related to the marriage certificate, property, and the breakdown of the relationship, and develop a divorce and asset division plan. Third, submit a lawsuit to the court with jurisdiction, apply for mediation during the litigation process, and strive to finalize the outcome with a mediation agreement. Fourth, for cases involving cross-border issues, hidden assets, or custody disputes, engage a lawyer as soon as possible to assist with negotiations and evidence collection. Never delay exercising your rights during the cooling-off period. Effectively utilizing litigation mediation can help achieve divorce and rights confirmation more quickly.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication opinions 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 to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Xiong Binrong·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. If you encounter disputes, please consult a practicing lawyer in time.