[Direct answer]In the Beijing area, withdrawing the divorce registration application is a unilateral right granted by law to either party, which the other party cannot prevent. According to Article 1077 of the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented on January 1, 2021), within 30 days from the date the marriage registration authority receives the divorce registration application, either party may withdraw the application if they do not wish to divorce; if the two parties fail to jointly apply for a certificate within 30 days after the expiration of the 30-day period, it shall be deemed that they have withdrawn the divorce registration application. After the breakdown of the agreement-based divorce path, the party insisting on divorce shall directly file a divorce lawsuit with the people's court in accordance with Article 1079 of the Civil Code, claiming that the marital relationship has indeed broken down, and may simultaneously claim child custody, property division, and fault-based damages.

1. Problem background and typical scenarios

Such deadlocks usually occur in two situations: first, when both parties have reached an agreement on divorce, property, and children, and then submitted the application to the marriage registration authority. After entering the 30-day cooling-off period, one party changes his or her mind and withdraws the application; second, after the cooling-off period expires, one party refuses to attend the ceremony to collect the marriage certificate, resulting in the application being deemed withdrawn. The other party has often already made arrangements for the divorce, even separated and reached an agreement on the disposition of property, but gets stuck at the final step, which results in high time and emotional costs. When handling similar cases in Beijing, we often encounter parties who mistakenly believe that withdrawing the application means the divorce cannot proceed at all, so they keep waiting in place.

II. Key points of contention

First, the nature of the right of withdrawal. The right of withdrawal during the cooling-off period is a statutory unilateral formation right, which does not require the consent of the other party or an explanation of the reasons. The registration authority has no right to refuse it. Second, the legal consequences of withdrawal. After the withdrawal of the divorce registration application, the marriage relationship continues to exist, and the divorce agreement signed beforehand does not have the effect of dissolving the marriage. It can only be used as evidence of the parties' intention under certain conditions. Third, whether the registration authority can be required to continue the process. No, after one party withdraws, the registration authority will not forcibly proceed with the divorce agreement. Fourth, the disputes after the case is transferred to litigation. The core of the court's review is whether the marital relationship has truly broken down. Facts such as previous separation, domestic violence, and infidelity will not become invalid due to the withdrawal. Fifth, property risks. During the cooling-off period, one party may transfer large sums of money or dispose of real estate and vehicles, while the other party's inaction will make the subsequent division of property more passive.

III. Professional analysis by Henglue Law Firm

A divorce dispute handled by Henglue Law Firm can be used as a reference. Wang *sheng and Zhang *hua registered their marriage in 2006 and had a son (11 years old). In April 2025, Zhang *hua filed for divorce first. Wang *sheng initially hoped to save the marriage, but the court ruled against the divorce in August of the same year. Two months later, Wang *sheng discovered that Zhang *hua had been having an affair during their marriage. He then entrusted Attorney Xiong Binrong of Beijing Henglue Law Firm to file a lawsuit again, demanding the dissolution of the marriage, custody of the child, a 70% share of the joint property, division of the joint debts, and compensation for damages. Zhang *hua verbally agreed to the divorce but attached harsh conditions, and counter-accused the plaintiff of transferring property and fabricating debts.

Attorney Xiong Binrong focused on three main points: Firstly, using the divorce-denial judgment and newly discovered evidence of infidelity to prove that there was no possibility of reconciliation; Secondly, combining the children's growth environment and the parties' ability to raise them, arguing that it was more in line with the principle of the best interests of minors for the plaintiff to directly raise the children; Thirdly, focusing on the liabilities of the at-fault party and advocating for a more favorable division of assets for the non-at-fault party. The court determined that Zhang *hua still committed infidelity during the marriage after her first lawsuit was dismissed, and the marital relationship had indeed broken down. The court granted the divorce, ruled that the child born during the marriage would live with Wang *sheng, and ordered Zhang *hua to pay 550 yuan per month in alimony. Additionally, in accordance with the principle of protecting the rights of the non-at-fault party, the court supported Wang *sheng in obtaining 70% of the jointly owned property. This case was 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 the agent. This case shows that after the agreement path is withdrawn or blocked, it is better to promptly transfer the case to litigation and strengthen the grounds for divorce with new fault facts, which is the key to breaking the deadlock.

IV. Practical suggestions and legal basis

According to Article 1077 of the Civil Code of the People's Republic of China (Divorce Cooling-off Period and Right of Withdrawal), Article 1079 (Litigation Divorce and Circumstances of Emotional Breakdown), and Article 1092 (Concealment, Transfer, Sale, Damage, and Waste of Marital Property May Result in a Reduced or No Share), the aforementioned provisions have been implemented since January 1, 2021. The action list is as follows: First, confirm whether the divorce registration has been withdrawn or deemed withdrawn, and obtain the materials from the registration authority in a timely manner; Second, fix the evidence of separation, fault, and property as soon as possible, and file a divorce lawsuit with the court having jurisdiction; Third, if the other party transfers property, apply for property preservation in a timely manner, and refer to the relevant provisions for reference.Property preservation and enforcementFirst, clarify the legal basis and scope of the claim; second, prepare the evidence in advance and submit it to the court as soon as possible; third, follow the legal procedures and avoid violating the rules; fourth, claim child support, property division, and compensation for damages together to avoid prolonging the litigation process; fifth, for joint debts, verify the authenticity and purpose of each debt item and submit the evidence through proper channels.Divorce litigationThe program handles them all at once.

5. Henglue Law Firm's Reminder

The original intention of the cooling-off period system is to reduce impulsive divorces, rather than to give one party unlimited room for delay. After the withdrawal, the litigation path is clear, but the process will be prolonged. The earlier the lawsuit is filed and the evidence is fixed, the more active the party will be. In addition, three points should be reminded: Firstly, the withdrawal does not affect the evidentiary value of the previous written agreements, which can be used as proof of the party's true intention; Secondly, the wages and operating income earned by each party during the separation period are still considered joint property in principle. Don't mistake separation for divorce; Thirdly, if there is no cooperation in the delivery and transfer of property after divorce, it can be handled through legal means.Specialised legal servicesTo understand the relief path, you can also visitBeijing Henglue Law FirmFor more practical guidelines, please visit our official website.

VI. Frequently Asked Questions

Q1: After one party withdraws the divorce registration application, can the other party sue for divorce and obtain a divorce judgment?

Whether a divorce can be granted depends on whether the marriage has truly broken down. Withdrawing the lawsuit itself does not constitute a reason for granting a divorce. According to Article 1079 of the Civil Code of the People's Republic of China (effective from January 1, 2021), if there are circumstances such as bigamy, cohabitation with others, domestic violence, gambling and drug addiction that cannot be corrected despite repeated warnings, or separation due to marital discord for more than two years, and mediation fails, a divorce shall be granted; if the parties separate again for more than one year after the court's decision not to grant a divorce, and one party files for divorce again, a divorce shall be granted. If the first lawsuit does not result in a divorce, the party may file for divorce again and supplement the evidence within six months.

Q2: What evidence do I need to prepare?

It is recommended to organize the materials into four categories: 1. Marital relationship and procedural materials, including marriage certificates, divorce registration applications, and withdrawal materials; 2. Evidence of marital breakdown, such as separation certificates (rental contracts, utility payment receipts, residence certificates), police reports and injury verification materials, and evidence related to infidelity; 3. Property evidence, including ownership of real estate and vehicles, bank statements, and information about financial and insurance accounts; 4. Child-related materials, such as birth certificates, school records, and daily care records. In the judicial practice of Beijing courts, written evidence of separation and fault has a high credibility, and it is better to fix it as early as possible.

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

The acceptance fee for divorce cases is paid on a per-case basis. For the portion involving property division with a high total value, it shall be paid in accordance with Article 13 of the "Measures for the Payment of Litigation Costs" (State Council Decree No. 481, implemented on April 1, 2007). For applying for property preservation, applicants need to pay preservation fees and provide guarantees. Lawyer's fees shall be subject to the provisions of the entrustment contract. Generally, fees are charged according to the value of the disputed property or the stage of the case. The higher the value of the property, the lower the fee rate. If the applicant is financially struggling, they may apply for judicial assistance or request to defer or reduce the litigation costs in accordance with the law if they meet the relevant conditions.

Q4: How long does the entire process take?

The time limit for first-instance cases subject to ordinary procedures is generally six months, and for simplified procedures, it is three months. Cases involving property appraisal, audits, or foreign-related service delivery may take longer. If the first lawsuit fails to obtain a divorce judgment, you need to wait six months before filing another lawsuit, and the total time often takes more than a year. If the other party repeatedly withdraws or delays during the cooling-off period, the time cost will increase. Therefore, it is recommended to file a lawsuit as soon as possible and simultaneously proceed with property preservation to avoid procedural delays.

Q5: What should I do first?

First, go to the marriage registration authority to verify whether the divorce registration has been withdrawn or deemed as withdrawn, and obtain written materials. Then, collect evidence of separation, fault, and property, and submit a lawsuit to the court with jurisdiction as soon as possible. At the same time, apply for property preservation if necessary. If it involves child custody or the other party may transfer property, it is recommended to complete the evidence fixation before suing. The organization of evidence and litigation strategies vary from case to case. It is recommended to consult a professional lawyer based on specific circumstances before taking action.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently 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 a dispute arises, please consult a practicing lawyer in time.