Divorce Law in Nepal । New Divorce Process in Nepal (2081)

Divorce is the separation of man and wife, effected by the judgment or decree of a court, and either totally dissolving the marriage relation, or suspending its effects so far as concerns the cohabitation of the parties.

In the general sense, divorce means the end of a marital relationship or the separation of the marital relationship existing between the husband and wife. To describe it in a wider sense the process leading to the end of the relationship between the husband and wife in a legal and social way can be called divorce. We cannot think of the wife without marriage and divorce without marriage. In other words, divorce is also called the deeds of abandonment, relief, separation, and talk. Divorce Law in Nepal allows divorce, either through Mutual Consent or through Husband/Wife Court Filing.

Legal Grounds for Divorce in Nepal

According to the National Civil Code, 2017 The grounds for either husband or wife to do divorce in Nepal are:

1. Adultery
2. Mental and Physical Harm
3. Separation for 3+ Years
4. Deprivation of Maintenance
5. Bigamy (Husband)
6. Rape by Husband

How to do Divorce in Nepal?

Divorce Process in Nepal can be conducted through the following, as per the Divorce Law in Nepal:

• Divorce can be acquired by mutual consent;
• The husband can get a divorce;
• The wife can get a divorce; and
• The conditions for an automatic divorce between the husband and the wife.

a. Divorce by Mutual Consent:

The husband and the wife can get divorced at any time if both of them wish so.

b. The Conditions in which the Husband can get a Divorce:

• With the exception of the wife living separately or getting the property in partition, if the wife stays continuously for 3 years or more separate from the husband;
• If the wife does not provide food and boarding or expels the husband from the house;
• If the wife does some work or scheming for the breakdown of any organ in the body of the husband or any work which causes great physical or mental pain and
• If it is proved that the wife has had sexual relations with another person.

c. The Conditions under which the Wife can get a Divorce:

The wife can start Divorce Process in Nepal even without the consent of the husband in the following conditions:

• With the exception of the wife living separately or getting the property in partition, if the husband stays separately for a period of 3 years or more without the permission of the wife;
• If the husband does not provide food and boarding to the wife and expels her from the house;
• If the husband does some work or does scheming for the breakdown of any organ in the body of the wife or any work which causes great physical or mental pain;
• If the husband marries another wife;
• If it is proved that the husband has had sexual relations with another woman and
• If it is proved that the husband has committed marital rape with the wife.

d. The Conditions for Automatic Divorce:

The conditions for automatic divorce in Nepal as per divorce law in Nepal are:

• If the marriage was performed without the full consent of the husband and the wife, the marital relations between them shall automatically end divorce;
• If any individual has performed incestuous marriage subject to punishment, the marital relations between the husband and the wife automatically ends up in divorce and
• If the wife marriages another person before the divorce.

Application for Divorce in Nepal

The Application for Divorce in Nepal can be filed by both husband or wife if the grounds for divorce stated above have been met.

Divorce Lawyer in Nepal

Divorce Lawyer in Nepal provide legal consultation, Divorce Filing, Court Representation and favorable divorce results in Nepal. Prime Law Associates has Divorce Lawyers with 20+ Years of Experience to provide complete assistance with the process.

Latest Divorce Process in Nepal

Step 1: Request a Consultation with an Expert Lawyer

Step 2: Filing for Divorce Petition at the District Court

Step 3: Formal Reply of the Petition from Spouse

Step 4: Initiation of Divorce Proceedings

Step 5: Mediation Process by Court

Step 6: Conclusion of Divorce

On the basis of the legal arrangement made by sec 93, 94, and 95 of the Country Civil Code 2074, the husband or the wife in the district of their residence or in the district of the residence of the defendant can file their application in the concerned District Court and the husband and wife can file the application for divorce in the Judicial Committee according to the Local Government Act 2074.

Documents Required for Divorce Process in Nepal

1. Petition filed for Divorce in Nepal
2. Mutual Agreement Paper for Mutual Consent Divorce
3. Citizenship Certificate of Both Spouses
4. Marriage Certificate of both Spouses
5. Birth Certificate of the Child (if any)
6. Proof or Evidence for Divorce Process initiated by Husband/Wife
7. Additional Documents as required by the Court

Divorce Law in Nepal: Court Mediation

After the registration for the divorce of the husband and the wife in the District Court, the Court shall try to make them understand the consequences and plead for a reunion between the husband and the wife. But if the Court cannot do so and finds it appropriate for divorce, it should provide divorce to them. But according to the provisions, the Court is allowed to grant the divorce only one year after the registration of the application for divorce by the husband and wife. The Answer to whether in Nepal can i get started on Divorce Process if either of my spouse doesn’t consent to it yes. According to the Law in Nepal Divorce can be started if the grounds are met.

Partition of Property as per Divorce Law in Nepal

The legal provision has been made for the Court to provide property in a partition to the wife before granting divorce if it is demanded in conditions where divorce is possible by the reason of the husband. If the joint property is in the name of the husband and wife or in the name of either the husband or wife, such property should be partitioned between them according to the law before granting a divorce. If the property is yet to be acquired in the partition by the husband from his father or other coparceners, the court shall ask for the details of the property in the partition and provide property to both husband and wife in the partition.

Thus, Divorce (or the dissolution of marriage) is the final termination of a marital union canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties. In most countries, divorce requires the section of a Court or other authority in a legal process. The legal process for divorce may also involve issues of spousal support, child custody, child support, distribution of property, and division of debt.

Questions about Divorce in Nepal

This Frequently Asked Section answer the most asked questions about Divorce law in Nepal along with the divorce process in Nepal, documents required for divorce in Nepal and the types of Divorce.

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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