The pros and cons of a divorce cooling-off period

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1、 The benefits of a cooling off period for divorce

Avoid emotional divorce

The cooling off period for divorce can provide both spouses with a space for calm thinking and make a final effort to save their marriage, as some couples may act impulsively and regret their divorce later. For emotional divorces like this, it is necessary to set up a cooling off period for divorce.

2、 The drawbacks of the cooling off period for divorce

1. Increasing the cost of divorce

The cooling off period system for divorce increases the cost for both parties involved in the divorce. On the one hand, both parties need to jointly apply for a divorce certificate at the marriage registration office after the cooling off period of divorce. On the other hand, if during the cooling off period, one party reneges and the other insists on divorce, then the other party can only file a lawsuit in court, and the litigation period is relatively long. The court takes a cautious attitude towards the divorce judgment, which increases the cost and risk for the party who has already signed an agreement to divorce but reneges and insists on divorcing.

2. There is a certain degree of risk involved

The cooling off period system for divorce increases uncertainty and risk. During the cooling off period of divorce, as the marital relationship between the two parties has not yet been terminated, a series of rights and obligations involved during this period are unclear. For example, if one party maliciously borrows money during the cooling off period of divorce, it clearly infringes on the legitimate rights and interests of the other party. But if the other party wants to protect their legitimate rights and interests, they may need to pay a huge cost.

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