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Does ＂appointment-based divorce＂ restrict marital freedom
Time:2025-08-28 Views:1245
Introduction: Appointment-based divorce refers to the situation where couples who wish to divorce must first fill out an appointment form and then proceed with the formal procedures at the appointed time. First, make an appointment to give the couple some time to calm down and think about whether the marriage must be divorced. Since the implementation of the system, the divorce rate has declined. Since the implementation of appoint-based divorce in April 2012, 40% of the couples who made appointments in Cixi City, Zhejiang Province, have given up on divorce. Some people believe that "appoint-based divorce" has interfered with the freedom of marriage.
In China, a dual-track system is implemented for consensual divorce
At present, the consensual divorce system in our country is a dual-track system. That is, both parties who wish to divorce can voluntarily reach a divorce agreement and then go to the marriage registration authority to dissolve the marital relationship through administrative procedures, or they can file a lawsuit with the court and reach a divorce agreement through mediation to dissolve the marital relationship. The former mainly refers to the divorce registration system, the latter refers to divorce through litigation mediation, and "appointment-based divorce" is one form of the divorce registration system.
The Marriage Law of our country stipulates: "If both the man and the woman voluntarily divorce, the divorce shall be granted." Both parties must apply for divorce at the marriage registration authority. When the marriage registration authority ascertains that both parties are truly voluntary and have properly handled issues related to their children and property, a divorce certificate shall be issued. The Regulations on Marriage Registration stipulate that the marriage registration authority shall examine the certificates and supporting materials presented by the parties involved in divorce registration and inquire about relevant circumstances. Where the parties are truly willing to divorce and have reached a consensus on issues such as child custody, property and debts, the divorce shall be registered on the spot and a divorce certificate shall be issued.
From this, it can be seen that the design of the divorce registration system in our country is relatively simple. In the process of divorce registration, the law neither considers the issue of the upbringing and protection of minor children, nor grants marriage registration personnel the legality and substantive review of the agreements reached on child custody, property, debts, etc., nor does it grant whether the agreements on child custody after divorce comply with the relevant provisions of the Marriage Law. Nor will any assessment or supervision be conducted.
In many countries, divorce must go through litigation procedures
Divorce is not merely a private matter between the two parties involved; its validity often has a significant impact on children, the elderly and society. For this reason, 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 such registration. For instance, Article 231 of the French Civil Code stipulates that if both spouses insist on their intention to divorce, the judge should inform both parties that their application should be resubmitted after a three-month consideration period. If a new application is not filed within six months after the expiration of the consideration period, the joint application shall become invalid. The consideration period stipulated in Belgium, Austria and Sweden is six months. In Russia, it is stipulated that the household registration authority will not process the divorce and issue a divorce certificate until one month has passed since the application for divorce is submitted.
"Appointment-based divorce" is a beneficial exploration and attempt within the framework of China's divorce registration system. By making an appointment, it provides a psychological buffer period for couples who divorce on impulse, allowing them to rationally handle their marital relationship through calmness, communication, negotiation and other methods within the prescribed time. This not only guides people to treat divorce rationally, but also enables them to confirm their emotional direction through careful consideration. At the same time, to a certain extent, it safeguards the legitimate rights and interests of those in a disadvantaged position during divorce.
Editor's help: There are precedents for appointment-based divorce
In fact, appointment-based divorce is not an innovation of Cixi. Through inquiries, the reporter found that marriage registration departments in some places across the country have also introduced similar measures. After the implementation of appointment-based divorce in these regions, the divorce registration rate has shown a significant year-on-year downward trend.
Since January this year, the marriage registration office in Laoshan District, Qingdao City, Shandong Province, has implemented an appointment-based divorce registration system, making "appointment-based divorce" a positive social "intervention".
And abroad, there are also some similar measures. To prevent impulsive divorces, South Korea has implemented the "Divorce Deliberation System" in 54 courts with jurisdiction over consensual divorce across the country since 2008. Before submitting a divorce agreement, couples must go through a "deliberation period"; otherwise, they cannot divorce by agreement. For couples with children who divorce, the deliberation period is three months; for those without children, it is one month.
The Marriage Law prohibits interference with marriage freedom
Marriage freedom, like any other right of citizens, is not an absolute freedom but a relative one. 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, which draw a clear line between legality and illegality in marriage issues. Any act that complies with the law is a legal act and is protected by law. The act that does not comply with the law is considered illegal and is not protected by legal principles. Therefore, the right to freedom of marriage is neither allowed to be infringed upon by anyone nor abused by the parties involved.
Article 49 of the Constitution of the People's Republic of China stipulates that "it is prohibited to undermine the freedom of marriage." Article 2 of the current "Marriage Law" stipulates that "marriage freedom shall be practiced", Article 3 stipulates that "arranged and forced marriages and other acts that interfere with marriage freedom are prohibited", and Article 5 stipulates that "marriage must be based on the complete willingness of both the man and the woman". It is evident that the freedom of marriage is a right stipulated 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. Those who use violence and commit a crime shall be punished in accordance with the crime of violent interference with the freedom of marriage under the Criminal Law.
If you still want to know more about issues related to the marriage law, the editor recommends:
The boundaries of the crime of violent interference with marriage freedom
The boundaries of the crime of violent interference with marriage freedom
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