Calculating the cost of walking away: Divorce by mutual agreement requires a 30-day cooling-off period, while divorce via litigation has strict legal prerequisites.

15. Calculating the cost of walking away: Divorce by mutual agreement requires a 30-day cooling-off period, while divorce via litigation has strict legal prerequisites.

Cost: There is no monetary cost. However, it’s worth spending some time before marriage to consider how long it might take and what steps would be required to end the marriage, should that ever become necessary. The real challenge lies in contemplating a potential separation before tying the knot.

In plain terms: Divorce by mutual consent isn’t finalized the moment the paperwork is signed. Within 30 days of filing the application, either spouse may withdraw it. After that window closes, both parties must appear in person within another 30 days to obtain the divorce certificate; failure to do so also counts as a withdrawal. If one spouse refuses to cooperate, the other must pursue litigation. Courts first attempt mediation; only when circumstances such as domestic violence, bigamy, or two years of separation persist without resolution will a divorce be granted.

Benefit: Under Article 1076 of the law, divorce by mutual agreement necessitates a written agreement and joint application to the marriage registry. Within 30 days of submission, either party may withdraw the request. Following this period, both spouses must apply for the certificate within a further 30 days; otherwise, the application is deemed withdrawn (Article 1077). In contested cases, courts must first mediate. Divorce is permitted when evidence of bigamy, cohabitation with another, domestic abuse, substance abuse, or two years of separation exists, even if mediation fails (Article 1079). Subsequent to a denial, another year of separation followed by renewed litigation also qualifies for approval. In 2024, 3.513 million couples divorced nationwide, of which 891,000 relied on court rulings or mediation.

Evidence grade: A

Sources: National People's Congress (2020). Civil Code of the People's Republic of China (Articles 1076, 1077, 1079). <http://gongbao.court.gov.cn/Details/7f184078694d811fb3314f6af9accf.html>; Ministry of Civil Affairs of China (2020). Notice on the implementation of the provisions on marriage registration in the "Civil Code of the People's Republic of China" (Minfa [2020] No. 116). <https://www.gov.cn/zhengce/zhengceku/2020-12/04/content_5567010.htm>; Ministry of Civil Affairs of China (2025). 2024 Statistical Bulletin on the Development of Civil Affairs. The title is the same as Article 7 (what are the marriage rates and divorce rates?)

Notes: The cooling-off period applies exclusively to divorce by mutual agreement; litigation entails no such pause but involves lengthier proceedings. Fees for court filings and legal representation vary regionally, hence exact figures are omitted here. While the procedural hurdles may seem considerable, they shouldn’t deter marriage; rather, they underscore the importance of awareness prior to committing.