16Evidence A

Calculating the cost of walking away: Divorce by mutual agreement has a 30-day cooling-off period; divorce via litigation has strict legal conditions.

Divorce by mutual agreement isn’t finalized the moment the paperwork is signed. After filing the application, either spouse can withdraw it within 30 days. Once that period ends, both parties must appear in person within another 30 days to obtain the divorce certificate; failure to do so counts as a withdrawal. If one spouse refuses, the only option is to pursue divorce through court. Courts first attempt mediation; only when circumstances such as domestic violence, bigamy, or two years of separation exist, and mediation fails, will a divorce be granted.

Cost

There is no monetary cost. Still, it’s worth spending some…

Benefit

Divorce by mutual agreement requires a written agreement and joint application to the marriage registry (Artic…

Cost

There is no monetary cost. Still, it’s worth spending some time before marriage to consider how long it would take and what steps would be required to end the marriage, should that become necessary. The difficulty lies in thinking about separation before getting married at all.

Benefit

Divorce by mutual agreement requires a written agreement and joint application to the marriage registry (Article 1076). Within 30 days of receiving the application, either party may withdraw it. After that, both must apply for the divorce certificate within 30 days; otherwise, the application is considered withdrawn (Article 1077). When one party objects, litigation follows, with courts mandated to mediate first. Divorce is granted if bigamy, cohabitation with another, domestic violence, substance abuse, or two years of separation without reconciliation exist, and mediation proves ineffective (Article 1079). In 2024, 3.513 million couples divorced nationwide; 891,000 of those cases were resolved through court rulings or mediation.

Original sources

全国人民代表大会 (2020). 中华人民共和国民法典(第一千零七十六、一千零七十七、一千零七十九条). http://gongbao.court.gov.cn/Details/7f184078694d811fb3314f6af9accf.html;民政部 (2020). 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(民发〔2020〕116 号). https://www.gov.cn/zhengce/zhengceku/2020-12/04/content_5567010.htm;民政部 (2025). 2024 年民政事业发展统计公报. 题录同第 7 条(结婚率、离婚率各是什么口径)

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Book note

The cooling-off period applies solely to divorce by mutual agreement. Litigation-based divorce lacks such a period but involves lengthier proceedings. Filing fees and attorney costs vary by region; no specific figures are provided here. While the procedural hurdles may seem high, they shouldn’t deter marriage itself; rather, they’re factors worth understanding beforehand.

My note