China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

Ministry of Civil Affairs Modifies Divorce Registration Procedures - China Legal News

Thu, 07 Jan 2021
Categories: China Legal Trends

avatar

 

China’s first Civil Code, issued in May 2020, introduced a new divorce procedure, i.e., a cooling-off period for divorce. Divorce registration procedures were modified accordingly.

As the Civil Code of China enters into force as of 1 Jan. 2021, the Ministry of Civil Affairs, which is responsible for formulating marriage registration policies, promulgated the Circular on Implementing the Provisions on Marriage Registration in the Civil Code of the People's Republic of China (关于贯彻落实<中华人民共和国民法典>中有关婚姻登记规定的通知, Min Fa [2020] No.116), making the following adjustments to marriage-related registration, especially divorce procedures, etc.

1. Within 30 days after the marriage registration authority receives the application for divorce registration and issues the Receipt of Accepting the Application for Divorce Registration (the Receipt) to the parties concerned, either party who does not want to get divorced may, by presenting his/her valid identity card and the Receipt, withdraw the application for divorce registration to the said marriage registration authority.

Where both parties fail to jointly apply to the marriage registration authority for the issuance of a divorce certificate within 30 days upon the expiration of the cooling-off period for divorce, the divorce registration application shall be deemed to have been withdrawn.

2. Marriage registration authorities shall establish divorce registration archives and formulate the archives in an electronic form.

Contributors: Yanru Chen 陈彦茹

Save as PDF

Related laws on China Laws Portal

You might also like

IOMed Settles First Case, Resolving China-Singapore Maritime Dispute

The newly established International Organization for Mediation (IOMed) has successfully resolved its inaugural case—a maritime charter dispute between Chinese and Singaporean parties—marking a major milestone for the world’s first government-backed global mediation body.

China Overhauls Arbitration Law for Global Alignment

Having entered into force on March 1, 2026, China’s first comprehensive revision of its 1995 Arbitration Law has introduced ad hoc arbitration, strengthened interim relief, and aligned the legal framework more closely with international standards.

Chinese Judgments Go Global: Emerging Systemic Challenges and Confidence Deficit

This post analyzes the historic rise in cross-border judgment enforcement involving China, specifically focusing on the persistent challenges hindering the recognition of Chinese judgments abroad. It identifies two primary obstacles—emerging legal hurdles regarding systemic due process and a "confidence deficit" among Chinese creditors—and argues that addressing these is essential to sustaining the framework of mutual recognition.