Divorce in Nepal (2081): FAQs । Divorce Lawyer in Nepal

Prime Law Associates assists individuals for filing Divorce in Nepal. The Firm has the best Divorce Lawyers in Nepal with 20+ Years of Experience in Divorce.

What are the grounds for filing a divorce in Nepal?

As per Section 94 of the National Civil Code, 2017 (2074), the grounds for Husband to file divorce in Nepal are:

1. The wife has been living separately for 3+ years without consent.
2. The wife deprives husband of maintenance or expels him from home.
3. Wife causes or conspires to cause grievous hurt or severe pain.
4. Wife proven to have sexual relations with another person.

Wife can file for Divorce if either of the following requirement is met, as per Section 95 of the Code:

1. The husband has been living separately for 3+ years without consent.
2. The husband deprives wife of maintenance or expels her from home.
3. Husband causes or conspires to cause grievous hurt or severe pain.
4. Husband marries another woman.
5. Husband proven to have sexual intercourse with another woman.
6. Husband proven to have raped the wife.

Note: These grounds apply even without the other spouse’s consent, except when the couple is already living separately after legal partition or separation. The Divorce Law in Nepal is primarily the Muluki Civil Code, 2017.

How to File a Divorce in Nepal? 

You can follow these simple steps to file for Divorce in Nepal:

1. Consult a Lawyer: It is highly recommended to seek legal advice from an Experienced Divorce Lawyer.

2. Determine Grounds for Divorce: Identify the specific grounds on which you’re seeking divorce.

3. Gather Necessary Documents: Collect all relevant documents, including marriage certificate, citizenship certificates, property documents, and any evidence supporting your grounds for divorce.

4. Drafting of Divorce Petition by Lawyer: Your lawyer will help you prepare a detailed divorce petition.

5. Filing of the Petition to the relevant District Court: Submit the divorce petition to the District Court having jurisdiction over your place of residence or where the marriage was registered.

What is the divorce procedure in Nepal?

Section 96-98 of the National Civil Code has outlined the Divorce Procedure of Nepal:

1. File a petition: One spouse submits a divorce petition to the court, formally requesting to end the marriage.
2. Court-mandated mediation: The court attempts to reconcile the couple through mediation and counseling sessions.
3. Consideration period If mediation fails, there’s a one-year waiting period from the date the petition was filed.
4. Final court assessment After the waiting period, the court evaluates whether continuing the marriage is appropriate.
5. Divorce decree If reconciliation isn’t possible, the court issues a final divorce decree, legally ending the marriage.

The entire process can take several days to years, depending on the complexity of the case and whether it’s contested or uncontested.

Divorce Lawyer in Nepal

Prime Law Associates has the best divorce Lawyers in Nepal with more than 20 Years of Experience. Lawyer play an important role in the Divorce Process of Nepal.

1. Legal Consultation
2. Document Preparation
3. Case & Evidence
4. Negotiation
5. Court Representation
6. Legal Advice
7. Post-Divorce Matters

Consult an Expert Divorce Lawyer

How does child custody work in divorce cases?

Child Custody in Divorce is determined by the age of the child:

1. For child between the age of 0-5, the mother has the right to sole custody of the child.

2. For child between the age of 5-10, the mother has the initial right to custody of the child, which if she rejects or is deemed incompetent, the father obtains custody.

3. For child from the age of 10 & above, the child can decide their custody, either the mother or the father.

The non-custodial parent is typically granted visitation rights unless it’s deemed harmful to the child.

What is the alternative of Divorce in Nepal?

Divorce Process in Nepal must be conducted through Courts. Divorce doesn’t take place through Ward Office or Municipality/Rural Municipality Office as it is commonly understood. As an alternative to Traditional Divorce Process in Nepal:

1. The couples opting for Divorce can choose for Mediation to negotiate & reach agreements on issues.

2. The Couples can agree to mutual consent Divorce through Court & reach a settlement.

How does property division work in Nepal divorce cases?

Section 99 of the National Civil Code has outlined the laws for Partition of Property in Nepal briefly discussed below:

Timing of partition: Property partition typically occurs before the divorce is finalized, especially if requested by the wife when the divorce is due to the husband’s actions.

Grounds for wife’s entitlement: The wife is entitled to property partition if she files for divorce on grounds such as the husband’s cruelty, desertion, mental illness, impotence, or other specified reasons in Section 95.

Joint property division: Any property registered jointly or in either spouse’s name is divided according to law before the divorce is finalized.

Ancestral property: If the husband hasn’t received his share of ancestral property, the court involves all relevant coparceners to determine the appropriate division.

Alimony: In cases where property partition may be delayed, the court can grant divorce and order the husband to pay monthly alimony based on his income and assets until the partition is complete.

Exceptions to partition rights: The wife may lose her right to property partition if she remarries before the partition is finalized. Additionally, if the wife files for divorce on grounds such as impotence or incurable disease, the husband isn’t obligated to provide property or alimony.

Can a foreigner file for divorce in Nepal?

Yes, a Foreigner can file for divorce in Nepal under the following circumstances:

• a. Solemnization of Marriage in Nepal
• b. Residence of the Couples in Nepal
• c. Either of the Spouse is a Nepali Citizen
• d. Jurisdiction of the Courts to oversee the Divorce
• e. Fulfillment of the either ground for Divorce
• f. Submission of Required Documents

What are the contents of Divorce Petition?

A Divorce Petition, filed in the District Courts of Nepal, should contain the following:

1. Personal Details of the Spouses which includes Full Name, Adresses, Age, Date of Birth, Citizenship or Identification Method.

2. Information about the Marriage which includes the Certificate of Marriage Registration, Date & place of Marriage & additional details

3. Grounds for Divorce which includes the fulfillment of the grounds for conducting divorce in Nepal.

4. Details about the Children (if any)

5. Property & Financial Disclosure

6. Evidence

What are the documents required to file a Divorce in Nepal?

The documents required to file a Divorce Petition in Nepal are:

1. Passport Sized Photographs

2. Certificate of Citizenship

3. Marriage Registration Certificate

4. Birth Certificate of Child (if any)

5. Power of Attorney (if not present)

6. Evidence or Proof for filing Divorce

7. Proof of Foreign Citizenship (if foreign citizen)

Should my parents be present in divorce proceedings?

No, your parents aren’t required to be present for Divorce Proceedings in Nepal.

When can I file for divorce?

You can file for Divorce Process in Nepal within the following timeframe:

1. Within 3 Months of Knowledge of Adultery, Rape or Physical/Mental Abuse.

2. After 3 years of Separation

3. Immediately for Mutual Consent Divorce

Where can I file for divorce?

Divorce can be filed in the District Court where the marriage was registered. You should file in the District Court that has jurisdiction over the area where you and your spouse last resided together. If you and your spouse are living separately, you can file in the District Court of the district where you (the petitioner) currently reside. If the marriage was solemnized abroad, but both parties are now in Nepal, you can file in the District Court where either party resides.

Can I file for divorce online in Nepal?

No, you cannot file Divorce online in Nepal. However, you can take Legal Consultation for initiating Divorce. Further, you don’t need to be present in the Courts to file for Divorce or Divorce Proceedings. Through a special Power of Attorney, you can grant such the requirement of presence to your relatives or your Lawyer.

Can I file for divorce on behalf of any other person?

No, you cannot file for divorce on behalf of any other person because you lack the necessary connection with the case to file Divorce. However, a person with a valid Power of Attorney may file on behalf of a spouse. Divorce petitions must typically be filed by one of the spouses directly involved in the marriage.

On what grounds can I file for divorce?

In Nepal, the grounds for divorce are outlined in the Muluki Civil Code 2074 (2017). According to Section 94 of the Code, you can file for divorce on the following grounds:

1. Adultery committed by your spouse
2. Physical or mental cruelty inflicted by your spouse
3. Your spouse has been living separately for at least three consecutive years without your consent
4. Your spouse has entered into another Marriage
5. Your Spouse has abandoned you.
6. Mutual Consent of both Parties

Is registration of marriage a necessary ground for filing of divorce?

The District Courts of Nepal require a valid Proof of Marriage for filing divorce in Nepal. The Certificate of Marriage Registration or any photo/video that verifies the marriage is required.

How long does it take to get divorce?

For a mutual consent Divorce where both parties agree to the divorce, it takes 2-3 Days for the whole process to complete. However, if Husband/Wife files for Divorce without Mutual Consent, it takes at least a year to a year & six months for the process to complete.

What can i do when my husband/wife is not willing to give me divorce?

When your spouse is unwilling to give you a divorce in Nepal, you can still file a petition for unilateral divorce if your spouse has inflicted mental or physical abuse, cheated or involved in adultery, abandoned you, lived in separation for more than three years or married another woman. If the above criteria don’t meet, you cannot file for divorce.

What is mutual consent divorce?

Mutual consent divorce in Nepal refers to a legal process where both spouses agree to dissolve their marriage. This type of divorce is based on the mutual agreement of the spouses to end their marital relationship without attributing fault to either party. Both Parties ought to have reached a consensus on the termination of their marriage and related matters for Mutual Consent Divorce to be affected in Nepal. Section 93 of the Code has provisioned for Mutual Consent Divorce through Court.

Can I claim maintenance after seeking mutual consent divorce?

Alimony in Nepal is a legal obligation for one spouse to provide Financial Support to the other spouse following a Divorce or Separation. Section 100 of the Code has provisioned for Alimony law in Nepal.

1. If partition of property is delayed, the court can order the husband to pay monthly alimony based on his income and property until partition is completed.
2. The wife can opt for a lump sum amount or annual/monthly alimony instead of a partition share. The court determines this based on the husband’s property and income.
3. If there is no property for partition, but the husband has income, the court may order maintenance costs for the wife.
4. Alimony payments typically cease if the wife remarries.
5. If the wife’s income is higher than the husband’s, alimony may not be required.
6. Any pre-existing written agreement between spouses regarding alimony will be honored, provided it does not harm a minor’s interests.

My Husband or wife lives abroad. How to do Divorce?

If your husband/wife lives abroad, you can engage in Mutual Divorce by following these process:

1. Grant Special Power of Attorney through Embassy/Consultate of Nepal to your Lawyer

2. Filing of Divorce Petition by your Lawyer

3. Notice and Response of Petition by the other spouse

4. Filing Joint Petition by both parties

5. Submission of Compromise to the Court

6. Court Hearing before the Judge

7. Finalization of Divorce

Do I have to be present for divorce proceedings?

No, it is not necessary to be present for Divorce Proceedings in Nepal. Follow these steps:

Step 1: Appoint a Representative to Court

Step 2: Drafting Power of Attorney

Step 3: Receive Power of Attorney through Embassy Office

Step 4: Sign & Return Power of Attorney through Embassy Office

Step 5: Initiation of Divorce in Nepal

What should I do if my wife is not living with me?

If your wife isn’t living with you (i.e. Separated) for more than three years, you can file for Divorce process in Nepal. If your wife also consents for Divorce, you can conduct Mutual Divorce.

How can I stop my divorce?

If you wish to stop a divorce process in Nepal, there are several steps you can take, depending on the stage of the proceedings and the willingness of both parties.

1. Mediation with Spouse

2. Conciliation through Communication with Spouse

3. Withdrawal of Petition

4. Joint Application for Dismissal

5. Attend Marriage Counselling

Do both parties need to be present in court for the divorce proceedings?

No, it is not required for both parties to be present in court for Divorce Proceedings. Either of the Parties can assign a representative to the Court on their behalf to represent themselves during the proceedings.

Is One Sided Divorce Possible?

Yes, one sided Divorce in Nepal is possible if the following grounds for Divorce are met:

1. If either spouse has engaged in sexual relations with someone other than their spouse.

2. If one spouse subjects the other to physical violence or severe mental torture.

3. If one spouse has left the other without reasonable cause.

4. If the couple has been living separately for at least three consecutive years.

5. If the Husband marries another woman.

6. If the husband is proven to have raped the Wife.

Disclaimer: This article is for informational purposes only and shall not be construed as legal advice, advertisement, personal communication, solicitation, or inducement of any sort from the firm or any of its members. The firm shall not be liable for consequences arising out of any action undertaken by any person relying on the information provided herein.

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