Procedural Coordination Between China’s Divorce Cooling-Off Period and Litigation Divorce -Insights and Implications fromKorea’s Family Mediation System-

In China, the applicable frequency and sequence between divorce by registration and divorce by litigation lack explicit legislative or judicial clarification, leading individuals to choose based on personal needs. Some parties opt directly for litigation to circumvent the cooling-off period required in registered divorces, while others engage in repeated withdrawals of agreements followed by litigation post-registration. The jurisdictional divide—where registered divorces are administered by civil affairs bureaus and divorces by litigation fall under the purview of the courts—creates procedural gaps due to their distinct public authority natures. This not only escalates costs for the parties involved but also contributes to case backlogs in grassroots courts. Within this context, the mediation mechanism, common to both procedures, emerges as a pivotal element for bridging these gaps and achieving balance. Specific strategies include: first, transforming the cooling-off period from a passive waiting phase into an actively guided process; second, establishing a divorce procedure system centered on pre-litigation mediation and specialized family courts/tribunals; and third, integrating judicial and administrative resources to provide professional and efficient legal services for parties. Given that China and South Korea share similarities within the East Asian familial cultural sphere, their divorce systems exhibit certain parallels, particularly between China's divorce cooling-off period and South Korea's divorce contemplation period. Korea's family consultation system, characterized by more detailed regulations and deeper practical experience, offers valuable insights for China in coordinating the cooling-off period with litigation procedures and refining its overall divorce framework.