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The new law in China requires a 30-day ‘reflection’ period for couples before filing for divorce.
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Critics say the new law is a way to discourage divorce in a country that values ”family harmony”
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Some couples are so desperate that they resorted to money changers to join the line of divorce lawyers.
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Chinese couples are rushing to file for divorce before a new law comes into force that could make divorce a much more difficult and time-consuming process.
The new law, passed in May of last year, but now taking effect, requires couples to participate in a 30-day “reflection” period prior to filing for divorce. If either side of the couple decides to cancel the divorce during that period, the aggrieved party must file for divorce again and the 30-day clock starts again.
Cheng Xiao, vice president and professor at Tsinghua University School of Law, said the law was designed to contain “impulsive” divorces.
“They may have discussed family matters and are getting divorced in a tantrum. After that, they may regret it. We need to prevent this type of impulsive divorce,” he told a Chengdu newspaper, the Guardian reported.
The change is seen by some as a way for China, a country that places “family harmony” at the center of its culture, to discourage frustrated couples from breaking up. The Chinese leadership expected the quarantine to lead to a baby boom, but according to experts, the country’s population will soon enter a period of “negative growth”.
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After the quarantine, many Chinese couples remain eager to escape each other, so much so that in some cases, reported the South China Morning Post, online money changers are making money by selling appointments with divorce lawyers.
Divorce rates have been steadily increasing in China for the past fifteen years or more, since the rules surrounding the dissolution of marriages have been somewhat relaxed. In 2003, about 1.3 million couples divorced, but in 2018, the number rose to 4.5 million, according to Bloomberg.
The law of reflection makes exceptions in the case of domestic violence, according to the SCMP, but lawyers who spoke to the media said that in reality it will complicate things even more for victims of domestic violence.
“Men can decide whether to divorce or withdraw their claim. If a woman wants to and the man does not, she will have to sue, hiring a lawyer at great personal and financial cost. Many women – especially full-time housewives – are not in a position to do that, “said Zhong Wen, a divorce lawyer who lives in Sichuan province.
China, he added, does not have a strong network of shelters and resources against domestic violence, which means that even if a woman manages to get rid of her abusive husband, she may have nowhere to go.
Dozens of U.S. states also require waiting periods, with most states requiring between 30 and 60 days before ordering. Ohio, New York, Wyoming, Virginia, Illinois, Hawaii, New Jersey, Minnesota, Alaska and Maine do not require any waiting periods, while Maryland requires an entire year.
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