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Can Ningbo Agreement Divorce Regret Without Cooling-off Period

Ningbo Author：LuXu WANG

After signing the divorce agreement and submitting the application, I suddenly don't want to leave during the cooling-off period, or the other party changes his mind-whether "repentance" is useful during this period of time, the law is very clear: it is useful, and the consequences are very specific.

Right of withdrawal 1. a cooling-off period

after the application for divorce by agreement is accepted, within 30 days from the date of receipt of the application by the marriage registration authority, if either party does not want to divorce, the application for divorce registration may be withdrawn. This is a unilateral withdrawal right explicitly granted by law and does not require the consent of the other party.

Withdrawal is "no more"

withdrawal means that the divorce proceedings of this agreement are terminated and the marriage relationship between the two parties continues to exist. It solves the problem of "staying away this time" and does not affect further applications or prosecutions in the future.

2. expiration does not receive a license is deemed to be withdrawn

within 30 days after the expiration of the cooling-off period, both parties shall jointly apply for the issuance of a divorce certificate; if no joint application is made, the application for divorce registration shall be deemed to have been withdrawn. That is to say, if you don't show up or go to get it together, you won't be able to get married.

According to the "Divorce Registration Service Guide for Mainland Residents" issued by the Ningbo Civil Affairs Bureau, both parties must jointly arrive at the scene to collect the certificate within 30 days after the expiration of the cooling-off period, and it will be deemed to be withdrawn if it is overdue; there is no charge for divorce registration.

Don't use "no license" as a procrastination technique.

Failure to obtain a certificate after the expiration of the period does lead to non-separation, but this is a "deemed withdrawal" rather than an "automatic divorce". If you want to leave, you still have to reapply or sue.

3. divorce settlement does not take effect at this time

the key point is that the divorce agreement does not take effect until the divorce is registered. Even if both parties sign the property division clause during the cooling-off period, as long as they do not receive the certificate, these agreements are not binding on both parties, and either party does not have to perform.

Property agreement shall not be executed in advance.

As the agreement has not yet entered into force, it is not appropriate to transfer and pay in advance as agreed during the cooling-off period. Wait until the certificate is really received and the agreement comes into effect before it is fulfilled, so as to avoid the passivity of "leaving without leaving and moving the property first.

How to transfer the lawsuit after the 4. goes back on his word

if one party withdraws or fails to obtain a certificate upon expiration, and the other party still insists on divorce, it can only turn to litigation for divorce, which shall be tried by the court. The right to withdraw from the cooling-off period has come to an end and entered the judicial process.

Three Materials to be Reprepared for Transfer to Litigation

first, the indictment, the request items should be decoupled from the previous agreement and restated according to their real demands. The second is the property list, which supplements the changes that occurred after the agreement was signed, including new liabilities, changes in account balance and vehicle transfer. Third, there is evidence of emotional breakdown, which is often not prepared at the agreement stage. At this time, it is necessary to complete the separation record, communication record or alarm receipt. If the three materials are complete, the review can be completed within 7 working days after filing the case.

What's the use of the previously signed agreement after 5. goes back on our word?

The terms of the divorce agreement are layered. Agreements involving the dissolution of marriage, the division of property, and the maintenance of children are all subject to the completion of divorce registration as a condition for entry into force. However, the agreement itself still has evidentiary value, reflecting the parties' confirmation of the scope of the property and the attribution of the debt, and is often used as a self-confessed content or negotiating baseline in subsequent litigation.

This means that when signing an agreement, one cannot hold the mentality of signing it first. A statement that states that a property is waived and a debt is recognized may be cited by the other party in a lawsuit even if the agreement is not in force. The prudent approach is to add a sentence at the end of the article: The agreements of this Agreement are conditional on the registration of divorce by both parties, and if the registration is not carried out, neither party may invoke the contents of this Agreement as a basis for claims.

6. case proof

in practice, if either party withdraws the application during the cooling-off period for divorce by agreement, the marriage registration authority will terminate the application without giving reasons. After that, if the other party still insists on divorce, it can only sue separately, which usually takes 3-6 months from withdrawal to judgment.

In practice, if both parties fail to jointly present to apply for a divorce certificate within 30 days after the expiration of the cooling-off period and are deemed to have been withdrawn, the previously signed property division clause shall not have the effect of performance because the divorce has not taken effect.

In practice, if one party withdraws the application during the cooling-off period and the other party files a lawsuit instead, the court will not make an unfavorable determination on the breakdown of feelings because of the previous withdrawal. The trial limit for summary procedures in such cases is 3 months, and the extension to ordinary procedures is 6 months. About 70% of both parties in court are concluded within 4 months.

7. Risk Alert

  • I thought that if I signed the agreement, I must perform it, ignoring that it did not take effect.
  • Cooling-off period early transfer of property, away from the counter-loss.
  • Treat "not getting a license" as if the divorce is complete.
  • After one party withdraws, the other party does not know to transfer the lawsuit.
  • The expiration date was wrong and the license window was missed.
  • After withdrawal, it is still performed according to the original agreement, and the counter-expenses are recovered afterwards.

8. FAQ

can the cooling-off period go back on our word?

Can. Either party may withdraw the application unilaterally; failure to jointly obtain the license at the expiration of the application shall also be deemed to be withdrawn.

Does the agreement signed before after repentance count?

Doesn't count. The divorce agreement does not take effect before registration and is not binding during the cooling-off period.

What happens if you don't go get your license together?

As a withdrawal, this divorce is not possible and the marriage relationship continues.

What do you want to do after you go back on your word?

Only divorce can be sued and the court will hear the judgment.

After the other party withdrew, he said that he wanted to agree to divorce. Can he apply again?

You can. The withdrawal does not affect the reapplication. The cooling-off period of 30 days after resubmission will start from the date of the new application and will not continue the number of days that have passed before.

What if the other party transferred the house without authorization during the cooling-off period?

The agreement has not entered into force and there is no basis for the transfer. You can sue for confirmation of the invalidity of the disposition and request the restoration of registration, and at the same time apply for preservation to prevent the house from being resold to a third party.

Practical Experience of 9. Lawyers

after signing the agreement and submitting the application, I suddenly don't want to leave during the cooling-off period. It is useful to go back on my word, and the consequences are very clear: within 30 days from the date of receipt of the application by the registration authority, either party who does not want to divorce can unilaterally withdraw the application without the consent of the other party. Withdrawal means that this agreed divorce procedure is terminated and the marriage relationship continues to exist. What it solves is that it will not leave this time and will not affect future reapplications or separate prosecutions. So don't think of the cooling-off period as a formality, it's actually a formal retreat left by law for both parties.

Within 30 days after the expiration of the term, both parties will also be present to collect the license together. Those who do not go together shall be deemed to have withdrawn. In other words, if you don't show up and cooperate at the end of the day, you won't be able to get married. If you really decide not to leave, cancel the application in time according to the procedures, make clear the status, and don't let the procedures hang up. If you decide to leave, arrange the time and materials in advance to avoid confusion near the deadline. Take the action of not getting a license when it expires as a formal choice, not a procrastination skill.

If the divorce agreement fails, the party who wants to leave can turn to litigation. A previously signed divorce agreement generally does not take effect directly without a license, but it is not worthless-the property and maintenance agreement in it can be used as evidence on the basis of negotiation between the two parties, and may also play a role in litigation mediation. The party who goes back on his word should not think that it can be settled by procrastination. Recurrence will only make the other party more determined to sue, and there may be less room for mediation at that time. No matter which path you choose, it is much more secure to think clearly about the practical problems of household registration, real estate, and children's schooling before making a decision.