[Direct answer]During the cooling-off period for divorce, one party may change their mind. According to Article 1077 of the Civil Code, 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 from the marriage registration authority without the other party's consent; within 30 days after the expiration of the 30-day period, both parties shall jointly apply to the marriage registration authority for the issuance of a divorce certificate in person. Failure to apply within the time limit shall be deemed as a withdrawal of the application, and the marriage relationship shall continue to exist. The cooling-off period does not apply to litigation divorce. If the other party delays or refuses to agree to the divorce, the party may directly file a lawsuit to claim that the marriage has broken down. For more details, please refer to the Civil Code.Divorce litigation and legal services for family disputesAndBeijing Henglu Law Firm.

1. Problem background and typical scenarios

After the implementation of the Civil Code in 2021, the process of divorce by agreement has changed as follows: submitting an application for divorce registration, undergoing a 30-day cooling-off period, and then jointly applying for a divorce certificate within 30 days after the period expires. In practice, the most common situations are: one party changes their mind and no longer wants to divorce during the cooling-off period, leaving the other party unprepared; both parties endure the cooling-off period, but one party refuses to attend the application for the divorce certificate, resulting in the application being automatically invalidated after 30 days; some parties worry that the other party will transfer property or hide savings during the cooling-off period; or parties involved in domestic violence or gambling may mistakenly believe that they must also wait for the cooling-off period, exposing themselves to unnecessary risks. In addition, couples who are both foreign nationals cannot go through divorce registration at the civil affairs department, and the cooling-off period does not apply to them, who need to follow the court process. Clarifying the application boundaries of divorce by agreement and litigation divorce is the first step in addressing such issues.

II. Key points of dispute

  • The unilateral and causeless nature of the withdrawal: During the cooling-off period, either party may unilaterally withdraw the application without the other party's consent or the need to provide a reason; if either party withdraws the application or fails to jointly apply for a divorce certificate after the expiration of the cooling-off period, the marriage relationship remains unchanged, and the submitted divorce agreement text will not take effect.
  • The obligation to apply for a divorce certificate within 30 days after the expiration of the cooling-off period: Both parties must appear in person to apply for the divorce certificate, and neither party can be absent; those who fail to apply within the time limit will be deemed to have withdrawn their application. If they want to divorce, they must reapply and go through the 30-day cooling-off period again, which will result in a significant increase in the procedural cost.
  • Property and safety risks during the cooling-off period: One party may transfer or hide joint property during the cooling-off period, and dangerous situations such as domestic violence may persist. It is necessary to address these risks by securing evidence, preserving property, or pursuing legal action, rather than passively waiting.

III. Professional analysis by Henglue Lawyers

The cooling-off period only applies to divorce by agreement. If the cooling-off period fails or involves high risks, litigation and mediation in court can still achieve the goal of divorce. A foreign-related divorce case handled by Henglue Lawyers is a typical example: Ms. Zhang and Mr. Liu registered their marriage in 1991 and had a daughter who has now reached adulthood. Both of them are foreign nationals who have lived and worked in Beijing for a long time. The marriage broke down due to the man's infidelity. The couple had already reached an agreement on dissolving the marriage and dividing assets: Ms. Zhang would own a house in Beijing, a property abroad, savings, financial products, and insurance, while Mr. Liu would own a house in Shanghai. However, as both were foreign nationals, the domestic civil affairs bureau could not handle the divorce registration, making it impossible to initiate the divorce by agreement and its cooling-off period. Therefore, the divorce had to be resolved through litigation procedures in Chinese courts. The disputed issues focused on two points: first, the jurisdiction of foreign-related divorces; second, the judicial confirmation of the property division agreement. After accepting Ms. Zhang's mandate, Attorney Xiong Binrong, based on the Civil Procedure Law and relevant judicial interpretations, confirmed that although the couple were foreign nationals, Chinese courts had jurisdiction over the case because they had a habitual residence in China. She assisted in preparing materials such as identity certificates, marriage certificates, and property ownership certificates to ensure the smooth filing of the case. At the same time, she comprehensively sorted out the properties, savings, financial products, and pension memberships owned by both parties and proposed a division plan where each party would own the assets under their own name and bear their own debts. After mediation by the court, the couple voluntarily reached a mediation agreement: dissolving the marriage, each party owning the assets under their own name and bearing their own debts. The mediation agreement took effect immediately after signing and stamping. All of Ms. Zhang's litigation requests were satisfied. This case shows that the cooling-off period is not an essential procedure for divorce. Choosing an appropriate path can help dissolve the marriage and solidify property arrangements in a stable and efficient manner.

IV. Practical suggestions and legal basis

Legal basis: Article 1076 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that couples who voluntarily divorce shall sign a written divorce agreement and apply for registration in person; Article 1077 sets a 30-day cooling-off period and a 30-day application period after the expiration of the cooling-off period. If no application for a certificate is made, it shall be deemed as a withdrawal; Article 1079 stipulates that the standard for judging divorce by litigation is that the marital relationship has truly broken down and mediation is ineffective. It lists circumstances such as bigamy, cohabitation with others, domestic violence or abandonment, gambling and drug addiction that cannot be corrected despite repeated warnings, and separation for more than two years due to marital disharmony as grounds for granting divorce. It also stipulates that if the first judgment does not grant divorce but the parties separate again for more than one year and one party sues again, the divorce shall be granted; Article 1080 stipulates that upon completion of divorce registration or the effectiveness of the divorce judgment or mediation agreement, the marriage relationship shall be dissolved; Article 1066 allows a party to request the division of marital property when the other party hides, transfers, sells, damages, or squanders the common property or forges common debts. Practical advice: Before and after submitting the application for divorce registration, sort out property certificates such as real estate, deposits, and securities to prevent property transfers during the cooling-off period; in the event of domestic violence, promptly report to the police, obtain medical evidence and keep records, and directly choose the litigation path and apply for personal safety protection; if one party delays and refuses to cooperate, there is no need to wait repeatedly and evaluate the litigation plan as soon as possible; if both parties are foreign nationals or one party is abroad, first confirm jurisdiction and materials before taking action, and, if necessary, combine with other measures.Foreign-related cross-border legal servicesHandle matters related to overseas assets and identity verification.

5. Henglue Law Firm's Reminder

During the cooling-off period, the right to change one's mind is granted by law. However, what to do after changing one's mind determines the subsequent costs: those who want to proceed with the divorce may either renegotiate the terms or initiate litigation; those who want to protect their assets may fix the evidence during the cooling-off period; and those who are in dangerous situations such as domestic violence should prioritize personal safety rather than waiting for the procedures. The choice of divorce path should be designed comprehensively based on the property structure, the situation of the children, and the degree of risk, rather than rushing through the process blindly. The above-mentioned foreign-related divorce mediation case is handled by Beijing Henglu Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as an agent to resolve the divorce and property confirmation through court mediation in one go. If you are currently troubled by the cooling-off period, the other party's regret or delay in handling the matter, it is recommended that you consult as soon as possible and take every step in accordance with the key points of evidence and procedures.

Q1: If one party changes their mind during the cooling-off period, do they need the other party's consent?

No, it's not necessary. According to Article 1077 of the Civil Code, within 30 days from the date the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, they may withdraw the application for divorce registration from the marriage registration authority unilaterally, without the consent of the other party or the need to provide a reason. After the withdrawal, the divorce procedure is terminated, and the application materials submitted beforehand do not have the effect of dissolving the marriage. The marriage relationship continues to exist. The design of the cooling-off period system is precisely to give both parties time for careful consideration. If one party withdraws the application and the other party still wants to divorce, they can only renegotiate with the other party and apply again, or claim that the marriage has broken down through litigation to request a divorce judgment. They cannot force the other party to complete the registration procedure.

Q2: If I don't go to pick up the divorce certificate within 30 days after the cooling-off period, does it still count as a divorce?

No. According to Article 1077, Paragraph 2 of the Civil Code, within 30 days after the expiration of the cooling-off period, both parties shall personally apply to the marriage 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, and the marriage relationship will not be dissolved. Even if the application has been submitted and the cooling-off period has passed before this, as long as the divorce certificate has not been obtained, the two parties are still legally married, and either party getting married again during this period would constitute bigamy. It should also be noted that both parties must attend the application for the divorce certificate in person, and the application cannot be completed if one party is absent. If the deadline is missed, the applicant can only resubmit the divorce registration application and go through the 30-day cooling-off period again. This process may take several months, so those who are eager to dissolve their marriage should calculate the time cost carefully.

Q3: What should I do if I'm worried that the other party might transfer their assets during the cooling-off period?

During the cooling-off period, the marriage relationship still exists, and there is indeed a possibility of one party transferring or hiding jointly owned property. It is recommended to sort out and copy property documents such as bank statements, real estate and vehicle registration, securities accounts, etc. as soon as possible. Stay vigilant against large-scale abnormal transfers and low-price transfers, and fix evidence in time. According to Article 1092 of the Civil Code, if a party hides, transfers, sells, damages, or squanders the couple's jointly owned property or forges joint debts, the court may award a smaller share or no share to that party during the divorce property division. In urgent situations, according to Article 1066, the party may request the division of jointly owned property during the marriage, or apply for property preservation together with the divorce lawsuit. Never use methods such as seizing or hiding the other party's property to resist, so as to avoid being accused of fault and falling into the passive position of providing evidence.

Q4: Is there a cooling-off period for litigation divorce?

No. The cooling-off period only applies to the registration procedures of consensual divorce. For litigation divorce, Article 1079 of the Civil Code applies, and there is no cooling-off period. If the feelings between the couple have truly broken down and mediation is ineffective, the court shall grant the divorce; if there are circumstances such as bigamy, cohabitation with others, domestic violence or abuse and abandonment of family members, repeated refusal to reform bad habits such as gambling and drug addiction, or separation for more than two years due to marital discord, and mediation is ineffective, the divorce shall be granted; if the first judgment does not grant the divorce and the parties separate again for more than one year, and one party sues again, the divorce shall be granted. For parties who are eager to dissolve the marriage, but the other party refuses to cooperate or there is a risk of domestic violence, the litigation process is clearly more controllable, and litigation strategies can be designed based on separation and evidence of fault.

Q5: If one party changes their mind during the cooling-off period, can the other party demand compensation?

Retracting a divorce application is a right granted by law and does not constitute infringement, so compensation cannot be claimed on this basis. However, if a party conceals, transfers, sells, damages, or squanders the couple's joint property during the cooling-off period, or forges joint debts in an attempt to misappropriate the other party's property, according to Article 1092 of the Civil Code, the court may award them a smaller share or no share of the marital property during the divorce settlement. If losses are caused, they may also bear corresponding compensation liability. Those who suffer damages due to domestic violence or abuse may claim divorce damages according to Article 1091. It is recommended to keep evidence such as transfer records, chat logs, and police reports during the cooling-off period to provide a basis for subsequent negotiations or litigation.

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