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How long can I apply again after Ningbo's cooling-off period is withdrawn?

Ningbo Author：LuXu WANG

After applying for an agreement to divorce, I went back on my word and withdrew it. After a while, I wanted to do it again. The most common question is whether to wait for a while. The rules themselves are not complicated, and what is really easy to lose is a few neglected time nodes. Article 1077 of the Civil Code has complete provisions on the cooling-off period and withdrawal, and this article takes apart the matter of "how long can you apply again after withdrawal.

Two cases of 1. withdrawal

there are two nodes that can be suspended for divorce by agreement: one is that either party withdraws the divorce registration application during the cooling-off period; The second is that if both parties fail to apply for a divorce certificate within 30 days after the expiration of the cooling-off period, the application shall be deemed to have been withdrawn. If the effect is the same in both cases, the procedure is terminated and the previous application is not counted. Special attention should be paid to the fact that the withdrawal does not require the consent of the other party and can be made unilaterally by either party.

If you don't arrive, it will be withdrawn.

The second case is most easily overlooked. Many people thought that the cooling-off period would be completed automatically as soon as it expired. As a result, they missed the license window 30 days after the expiration. All the previous waiting was invalid and they had to apply again. This "30 days" is calculated from the expiration of the cooling-off period, not from the first application, and the time node must be kept in mind.

No interval limit for 2. reapplications

the law does not specify how long it must take to reapply after a withdrawal. If the two parties reach an agreement again, they can submit an application to the marriage registration authority at any time. There is no so-called freezing period or upper limit on the number of times. There is no legal basis for the rumor that "it will take half a year to withdraw", and the real limitation comes from whether the two sides can reach an agreement again.

No need to wait deliberately.

If a renegotiation has been reached, there is no need to delay in order to "avert suspicion. The marriage registration authority only examines whether the parties are voluntary, whether the documents are complete, and whether the agreement states voluntary divorce and children's property arrangements, and does not create obstacles because they have withdrawn. It makes more sense to focus on negotiating terms than to calculate the number of days to wait. According to Ningbo Civil Affairs Bureau's "Divorce Registration Service Guide for Mainland Residents", Ningbo does not charge for divorce registration, has complete materials and can be accepted voluntarily by both parties. Withdrawal of records does not constitute an obstacle to re-application.

3. Recalculate Thirty Days

re-application means that the cooling-off period starts again from the date of the new application, and the number of days that have passed before will not be accumulated. This is the most direct time cost of repeated withdrawals-with each withdrawal, the 30-day cooling-off period starts all over again. Therefore, it is best to talk about the rhythm once and avoid repeating it in three steps.

Rhythm to talk about once

the most practical way to save time is to arrange for property and children to be settled before the application is submitted and to avoid withdrawal due to repeated details during the cooling-off period. In practice, most withdrawals stem from changes in the terms of the agreement, and pre-finalization can significantly reduce the probability of withdrawal.

The Hidden Cost of Repeated 4. Withdrawal

in addition to time, repeated withdrawals have other effects: the status of the property may change over time, one party may use the gap to transfer assets, and originally agreed terms may be re-charged. The longer the program drags on, the more variables there are, the more detrimental it is to the passive party.

Beware of delayed withdrawal

if one party uses withdrawal as a means of procrastination, the other party does not have to wait passively and can turn directly to the litigation path to break the deadlock. Divorce proceedings are not subject to a cooling-off period, and the court will hear the case according to the standard of emotional breakdown and will not be hindered by the repeated withdrawal of the other party.

5. don't want to wait any longer to move to litigation.

The cooling-off period only applies to the registration procedure for agreed divorce and has nothing to do with litigation divorce. Those who do not want to continue to consume in the registration procedure may sue the court at any time, and the court will not refuse to accept the application because they have previously withdrawn the application. Although there is no cooling-off period for the litigation path, the trial cycle is affected by the court schedule and requires a comprehensive assessment.

Materials can be prepared in advance

the identity documents, residence booklet, marriage certificate and divorce agreement required for re-application are the same as for the first time. Back up and save the materials, which can save the time of re-preparation and avoid going back and forth again due to lack of certificates. According to the Ningbo Municipal Civil Affairs Bureau's "Divorce Registration Service Guide for Mainland Residents", Ningbo requires both parties' ID cards, marriage certificates, divorce agreements (stating voluntary divorce and child support, property, and debt handling opinions), and two 2-inch single recent bareheaded photos and divorce registration applications and declaration forms, which can be prepared in advance and kept electronically.

Can the content of the 6. agreement be changed?

The divorce agreement submitted when applying again may be different from the previous one, and the two parties can renegotiate and determine it. This is both an opportunity and a risk: one party may take the opportunity to ask for a new price. Therefore, after withdrawal and before applying again, it is best to confirm the new agreement terms in writing and then go through them together to avoid discovering differences at the window.

1. Talk together before going to the window

finalizing the content of the agreement before submission and signing by both parties is the key to reducing repetition. Talking again at the scene is often the beginning of a withdrawal. It is suggested to make a "clause pass" before submission to confirm that there is no ambiguity one by one.

2. Repeated withdrawal may be questioned in good faith

if one party applies for many times and withdraws it, the other party may raise it as a fact of lack of sincerity in solving the problem in subsequent proceedings. Although not a statutory situation, it often has a practical impact when the judge forms an overall judgment, especially when it comes to property division negotiations.

3. I have to be present when I get the divorce certificate.

Within 30 days after the expiration of the term, both parties must personally apply to the marriage registration authority for the issuance of a divorce certificate. It is not acceptable to entrust another person or only one party to be present. Failure to be present together shall be deemed to be withdrawn. This is a mandatory requirement of "being present in person" and cannot be circumvented.

7. case proof

in practice: after the first application, the two parties withdrew it during the cooling-off period due to differences in details. After a few months, the application was negotiated again. The marriage registration authority accepted the application according to law without any interval limit. After the cooling-off period starts again, both parties will receive the certificate on schedule and the procedure will be completed.

In practice: one party took advantage of the withdrawal delay, and the other party did not appear together within 30 days after the expiration of the cooling-off period, resulting in the deemed withdrawal, and then directly sued the court for divorce, which was accepted by the court and tried according to the standard of emotional breakdown, which was not affected by the previous registration procedure.

8. Risk Alert

first, the license window 30 days after the expiration of the cooling-off period is extremely easy to be ignored. If it is missed, it will be invalid and a new application will be required. Second, the time cost of repeated withdrawals comes from the cooling-off period, not the "freezing period". Third, the content of the agreement can be changed when reapplying, but it should be finalized in writing to avoid changes before the window. Fourth, when one party delays withdrawing, there is no need to wait, and the litigation path can be broken.

9. FAQ

how long can I apply again after withdrawal?

There is no interval limit by law, and both parties can re-apply at any time if they reach an agreement. The real limit is whether the parties can agree again, not a mandatory waiting period.

Will the cooling-off period continue?

It won't. Re-application means that the cooling-off period starts from the new application date and the previous days are not accumulated. Every withdrawal, 30 days from scratch.

Does it automatically leave when the calm expires?

It won't. After the expiration of the cooling-off period, both parties are required to be present together within 30 days to apply for the issuance of a divorce certificate; if they are not present together, the application shall be deemed to be withdrawn and the procedure shall be terminated.

What if the other party keeps dragging?

If the other party withdraws the delay, it can directly sue the court for divorce. Divorce proceedings are not subject to a cooling-off period and are heard by the court according to the standard of emotional breakdown.

Do you need to prepare the application materials again?

The required documents and divorce agreement are the same as for the first time, and can be reused for backup. The content of the agreement can be changed, and it is recommended to finalize it in writing before submission.

Can the content of the agreement be changed?

Can. Both parties may renegotiate the terms of the agreement when applying again. However, the final version should be confirmed in advance to avoid further withdrawal due to re-discussion at the window.

10. operational steps

the first step is to apply again after the withdrawal, without having to calculate the waiting period. The second step is to finalize the divorce agreement in writing and sign it one by one before applying again. The third step is to remember the window of "jointly present within 30 days after the expiration of the cooling-off period" and set up a reminder. The fourth step, if the other party delays to withdraw, assess the transfer of divorce to break the deadlock. Step 5: Backup and retain the materials and submit them again without round trip.

Eleven, lawyers actual combat experience

can you apply again immediately after the divorce agreement is withdrawn? The answer is that there is no interval limit in the law, and there is no so-called freezing period or upper limit on the number of times. Both parties can submit the application again at any time after renegotiation. What is really easy to suffer is not the number of waiting days, but several neglected time nodes: during the cooling-off period, either party can unilaterally withdraw the application without the consent of the other party; If the two parties do not jointly arrive to collect the license within 30 days after the expiration of the cooling-off period, it will also be regarded as withdrawn, and the whole waiting period in front will be invalid. Many people think that the cooling-off period will be completed automatically as soon as it is over, and it is precisely on this point that they have stumbled.

Therefore, the operation should keep the time in mind: the 30th day is counted from the expiration of the cooling-off period, not from the day of the first application; When preparing to handle it again, prepare the documents and divorce agreement again, and confirm that the meaning of voluntary divorce in the agreement and the handling of child support and property debts are clearly written. What needs to be reminded is that applying again means going through the cooling-off period again, and the previous time is no longer accumulated. Therefore, if the two sides have already reached an agreement, there is no need to delay deliberately to avoid suspicion, and it is time-saving to do it as soon as possible.

If the two sides repeatedly fail to reach an agreement, and the other party delays by withdrawing or not coming to the scene, there is no need to circulate indefinitely on the road of agreement, and you can consider changing to litigation for divorce. The criteria for judging are simple: whether the conditions are really negotiated and whether the other party is really willing to cooperate. If the other party is just delaying, continuing to wait will only kill time and even give the other party the opportunity to transfer property. At this time, it is often more active to shift the focus from counting days to preparing litigation and fixing property clues. Remember the nodes clearly and prepare the way out. Only by agreeing to divorce can we go smoothly.