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Does' pre arranged divorce 'restrict marital freedom
Time:2025-08-28 Views:774
Introduction: Appointment divorce refers to couples who want to divorce, they need to fill out an appointment form first, and then officially handle it after the appointment time. Make an appointment first and give the couple some time to calm down and think about whether this marriage must be divorced. Since the implementation of the system, the divorce rate has decreased. Since the implementation of scheduled divorce in April 2012, 40% of scheduled couples in Cixi City, Zhejiang Province have given up on divorce. Some people believe that "scheduled divorce" interferes with marital freedom.
China implements a dual track system for divorce agreements
At present, China's agreement divorce system is a dual track system, which requires both parties to the divorce to voluntarily reach a divorce agreement and go to the marriage registration authority to terminate the marriage relationship through administrative procedures, or to file a lawsuit with the court and reach a divorce agreement through mediation to terminate the marriage relationship. The former mainly refers to the divorce registration system, while the latter refers to divorce through litigation mediation, and "appointment divorce" is a form of divorce registration system.
According to the Marriage Law of our country, "If both parties voluntarily divorce, divorce is allowed. Both parties must apply for divorce at the marriage registration authority. When the marriage registration authority confirms that both parties are indeed willing and have properly handled the issues of children and property, a divorce certificate shall be issued." The Marriage Registration Regulations stipulate that the marriage registration authority shall review the documents and proof materials issued by the parties to the divorce registration and inquire about relevant information. If the parties involved are indeed willing to divorce and have reached a consensus on issues such as child custody, property, and debt, they should be registered on the spot and issued a divorce certificate.
From this, it can be seen that the design of China's divorce registration system is relatively simple. In the process of registering divorce, the law neither considers the issue of custody and protection of underage children, nor grants marriage registration personnel the legitimacy and substantive review of agreements reached on child custody, property, debts, etc. After divorce, there is no evaluation or supervision of whether the agreement on child custody complies with relevant provisions of the Marriage Law.
Many countries require legal procedures for divorce
Divorce is not just a private matter between two parties, its effects often have a significant impact on children, the elderly, and society. Therefore, most European and American countries do not recognize registered divorce, and divorce must go through litigation procedures. Countries that recognize registered divorce also have necessary restrictions on the conditions and procedures for registering divorce. For example, Article 231 of the French Civil Code stipulates that if both spouses insist on divorce, the judge should indicate to both parties that their application should be resubmitted after a three-month consideration period; If no new application is submitted within 6 months after the expiration of the consideration period, the joint application shall become invalid. The consideration period stipulated by Belgium, Austria, and Sweden is 6 months. Russia stipulates that only one month from the date of filing the divorce application can the registered residence office handle the divorce and issue a divorce certificate.
Appointment divorce "is a beneficial exploration and attempt within the framework of China's divorce registration system, which provides a psychological buffer period for couples who impulsively divorce through appointment, allowing them to handle their marriage relationship rationally through calm, communication, negotiation and other methods within the prescribed time. This can not only guide people to approach divorce rationally, but also confirm their emotional direction through careful consideration, while to some extent safeguarding the legitimate rights and interests of those who are in a disadvantaged position in divorce.
Editor's note: There is a precedent for making an appointment for divorce
Actually, making an appointment for divorce is not the first of its kind in Cixi. Through investigation, the reporter found that marriage registration departments in some parts of the country have also launched similar measures. After the implementation of pre arranged divorce in these regions, the divorce registration rate showed a significant downward trend compared to the same period last year.
The Marriage Registration Office of Laoshan District, Qingdao City, Shandong Province has implemented an appointment based divorce registration system since January this year, making "appointment based divorce" a positive social "intervention".
And abroad, there are also some similar measures. In order to prevent impulsive divorce, South Korea has implemented the "Divorce Deliberation System" in 54 courts with jurisdiction over divorce agreements nationwide since 2008. Couples must go through a "deliberation period" before submitting their divorce agreement, otherwise they cannot agree to divorce. Couples with children should consider divorce within 3 months, while those without children should consider it within 1 month.
The Marriage Law prohibits interference with marital freedom
Marriage freedom, like any other right of citizens, is not absolute freedom, but relative freedom. The exercise of the right to freedom of marriage must be carried out within the scope prescribed by law. China's Marriage Law clearly stipulates the conditions and procedures for marriage and divorce, and these regulations draw a clear line between legality and illegality in marriage issues. Any act that complies with legal provisions is considered legal and protected by law; The one that does not comply with legal regulations is considered an illegal act and is not protected by legal principles. Therefore, the right to freedom of marriage is neither allowed to be violated by anyone nor abused by the parties involved.
Article 49 of the Constitution of our country stipulates that "it is prohibited to undermine the freedom of marriage"; Article 2 of the current Marriage Law stipulates that "freedom of marriage shall be exercised", Article 3 prohibits "arranged marriages, forced marriages, and other acts that interfere with freedom of marriage", and Article 5 stipulates that "marriage must be fully voluntary by both men and women". It can be seen that freedom of marriage is a right prescribed and protected by law. No one, including the parents of the parties involved, may infringe upon this right; Otherwise, it would be an illegal act. If violence is used and constitutes a crime, it shall be punished in accordance with the Criminal Law for the crime of violent interference with marital freedom.
If you want to learn more about marriage law related issues, the editor recommends:
The boundary of the crime of violent interference with marital freedom
The boundary of the crime of violent interference with marital freedom
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