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Sakyamuni's famous sayings in past lives
Recently, the cooling-off period of divorce has become the focus of hot discussion. It used to be made in some places. Now the drafting of marriage and family provisions in the civil code has also appeared, which means that it may become a law and be applicable nationwide. The reasons cited are the rising divorce rate, and some courts set up examinations in divorce proceedings. So are these things really necessary? I have a negative attitude.

First of all, the divorce rate is not a problem that can be solved during the cooling-off period of divorce. Some people say that there are too many impulsive divorces, but even if both parties survive, they can remarry immediately. You don't need to set a cooling-off period for them to think clearly. Setting a cooling-off period for divorce can be said to be of little significance.

Secondly, the cooling-off period of divorce violates the principle of freedom of marriage, which includes freedom of marriage and freedom of divorce. Freedom of marriage is now subject to many realities. Many couples have been in love for seven or eight years, but because of family cooperation, they have to separate because they can't get a marriage certificate or ask for a high bride price, which is also a factor leading to a high divorce rate. As far as marriage is concerned, why can't it be simpler? For example, you can use two people's ID cards to get married without asking for a household registration book. For divorce, after the two parties reach a divorce agreement and reach an agreement on child support and property division, they can go through divorce procedures and avoid more divorce proceedings. If you set a cooling-off period, then you should consider the risk of divorce by agreement, whether to directly appeal to the court.

In addition, restricting freedom of marriage may cause more social problems. For example, some people suffer from domestic violence and can't stand it. They filed for divorce, and the two sides reached an agreement to divorce. They think they have got rid of it. As a result, the other person quit soon, and you continue to live with him. Even if harassed, it is difficult to deal with the police. This makes people wait for despair. Even some people will deliberately use this system to confuse each other and make them restless.

Also, most divorcees are not impulsive divorcees, but after a long period of running-in, they can't live together, and both parties go through the divorce procedures. After the dissolution of the marriage relationship, both parties can continue to live without disturbing each other, that is to say, for most divorcees, it is impossible to get back together because of a one-month cooling-off period. Even if this cooling-off period is not set, if you still feel inseparable from each other after separation, you can still choose to remarry.

Finally, there is a very real problem. The divorce agreement shall take effect after the divorce formalities are registered and filed. At this time, child support and property division are binding on both parties, and this property may be changed immediately. If a cooling-off period is set, the validity of the divorce agreement will be known. What if the property ownership is changed according to the divorce agreement during this cooling-off period and the other party withdraws the divorce? For example, the divorce agreement stipulates that the common property is given to the child, and the property change is registered in the child's name after the formalities.

I don't know who put this forward and can get support. I just want to know, have these people seriously thought about the consequences of setting a cooling-off period for marriage, whether restricting freedom of marriage is really in line with the rule of law, whether it is suspected of forcing obstacles for divorce by law, and whether it will make it more difficult for marriage victims to get rid of it? In these marriages, not to mention a month, they don't even want to continue this marriage.