Jurisprudential Analysis of Establishing Marriage Cooling-Off Period in China

Since 2013, China's marriage rate has declined for consecutive years, while the divorce rate has repeatedly hit new highs, leading to increased public and private costs. This trend exacerbates public pessimism regarding marital instability and dampens the desire for marriage among some marriageable individuals. Currently, China’s implementation of a divorce cooling-off period only at the end of the marital process has failed to effectively reduce the divorce rate as anticipated, thereby giving rise to numerous social issues. Therefore, establishing a marriage cooling-off period at the source to replace the divorce cooling-off period should be considered. This approach would draw upon the tradition of betrothal to foster stable marital bonds, avoid the interference with marital freedom inherent in betrothal systems, and mitigate the risk of stigmatizing divorce stemming from impulsive marriages. Moreover, it could effectively balance the conflict between family-centered values and the concept of marital freedom through voluntary principles. As a low-cost pathway to testing marriage, a marriage cooling-off period could also help prospective couples overcome romantic barriers, reduce adjustment costs, and ultimately boost marriage rates. The significance of this paper lies in two aspects: First, it explores the necessity and rationality of establishing a marriage cooling-off period from a multidisciplinary perspective. Second, it examines the legislative intent and practical implementation of such a period from both legal theory and application angles. By substantiating the urgency and feasibility of marriage cooling-off period legislation, it facilitates dialogue between legislators and genuine societal needs to achieve maximum consensus.