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the expiration of the cooling-off period for divorce, the divorce registration application shall be deemed to have been withdrawn.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

PRC Double Interest neither Double nor Penal, Australian Courts Clear Its Name When Enforcing Chinese Judgments

Recent Australian case law clarifies that the “double interest” mechanism in the People’s Republic of China (PRC) monetary judgments functions as a compensatory post-judgment interest framework rather than an unenforceable penalty. This consolidates Australia’s position as a highly attractive and creditor-friendly forum for enforcing Chinese judgments. See Zhengzhou Lvdu Real Estate Group Co v Shu [2024] NSWSC 58 (6 February 2024), Fu v Pang [2025] VSC 597 (16 September 2025)

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.