Laws related to divorce in Nepal/ Best Divorce Lawyer in Nepal/Divorce Process in Nepal/Experienced Divorce Lawyers in Nepal
Best Divorce Lawyer in Nepal
Prime Law Associates has the best Divorce Lawyer in Nepal, engaging in hundreds of Divorce cases. They are the most experienced Divorce Lawyers in Nepal. The Firm is dedicated to securing favorable results to its clients. The Firm has engaged in hundreds of Divorce cases till date.
- Muktinath Acharya
- Amit Karna
- Sabita Gurung
The termination of a marriage by legal action i.e with the mutual consent of both husband and wife or with the decision of the court. The substantive issues in divorces are a division of property, child custody, and alimony (spousal support). The petitioner can only file in the District Court in which he/she has been a resident for a period of time. It denotes the issuance of citizenship from the district administration office and if he/she is living apart from the district in which citizenship is issued, he/she must bring the temporary resident letter from the concerned office of the Municipality/Metropolitan. Muluki Civil (code) 2017 deals with matters of divorce in Nepal.
Section 93 to 104 of the Chapter on Divorce of the muluki Civil (Code) 2017 are laws related to divorce in Nepal. Any party (husband or wife) willing to have a divorce can initiate a case of divorce in Nepal. If both the husband and wife so desire, they may divorce the relationship of husband and wife at any time which is called divorce by consent of both. The husband or wife, as the case may be, desiring to get the relationship divorced shall file a petition in court. If a petition is filed for divorce in the court, the court shall, to the extent possible, remind and convince both parties and conciliate between husband and wife.
If the court fails to make conciliation between the husband and wife even after reminding and convincing them and deems it appropriate to get the relationship divorced rather than to continue it any longer, the court shall effect divorce between them. Provided that if the husband and wife do not agree to conciliate between them despite being reminded and convinced by the court to that effect, the court shall effect divorce after one year of filing the petition.
Best Divorce Lawyer in Nepal
Advocate Muktinath Acharya has 18 Years of Experience in representing clients for Divorce in Nepal. He is a recognized & expert Divorce Lawyer in Nepal with the best interests of his client. He has represented clients in several High-Profile Divorce Cases as well.
Advocate Amit Karna is a Divorce Lawyer in Nepal with nearly a decade of experience in the District & High Courts of Nepal. He regularly represents Foreign Clients & NRN Clients for divorce processes.
Advocate Sabita Gurung is a Female Divorce Lawyer in Nepal with experience of representing female clients during Divorce Proceedings. She also provides Divorce Consultations for our clients providing emotional assistance in need.
The Firm has experienced & effective lawyers for filing Divorce Petitions in the Courts of Nepal.
The husband may file a case of divorce in any of the following circumstances even without the consent of the wife :
(a) Except where the husband and wife are living separately after obtaining their partition share or separating bread and board in accordance with the law, if the wife has been living separately for three or more consecutive years, without the consent of the husband,
(b) If the wife deprives the husband of maintenance costs or expels him from the house,
(c) If the wife commits an act or conspiracy likely to cause grievous hurt or other severe physical or mental pain to the husband,
(d) If the wife is proven to have relations with another person.
The wife may file a case of divorce in any of the following circumstances, even without the consent of the husband:
- Except where the husband and wife are living separately after obtaining their partition share or separating bread and board in accordance with the law, if the husband has been living separately for three years or more consecutively, without consent of the wife,
- If the husband deprives the wife of maintenance costs or expels her from home,
- If the husband commits an act or conspiracy likely to cause grievous hurt or other severe physical or mental pain to the wife,
- If the husband concludes another marriage,
- If the husband is proven to have made sexual intercourse with another woman,
- If the husband is proven to have raped the wife.
Divorce and Property Lawyer in Nepal
Partition of Property is a key element of Divorce Proceedings. The Firm has experienced Divorce lawyer in Nepal to provide favorable property partition agreements and clauses.
Partition of property
If divorce is to be effected because of the husband, if the wife so demands the partition of property, the court shall make the partition of property between the husband and wife before effecting divorce. If it appears that it may take a long time to effect the partition of property, the court may give order the husband to provide the wife with monthly expenses as alimony according to the property and income of the husband until the partition is effected. If the wife concludes another marriage before effecting partition, she shall not be entitled to a partition
Share. If a petition is filed for divorce on the ground referred to the following condition, the husband shall not be compelled to provide partition share or alimony to the wife ;
- If the wife deprives the husband of maintenance costs or expels him from the house,
- If the wife commits an act or conspiracy likely to cause grievous hurt or other severe physical or mental pain to the husband,
- If the wife is proven to have made sexual relations with another person.
To pay a lump sum amount or alimony
If the wife who effects divorce desires to obtain from the husband a lump sum amount or annual or monthly alimony or expense, instead of the partition share, the court may order the husband to provide such a wife with a lump sum amount or annual or monthly alimony or expense on the basis of his property or income. If such a wife concludes another marriage, it is not required to provide such amount or alimony.
To provide maintenance costs
If the wife, has not obtained partition from the husband there is no property for
Partition before doing divorce, desires to receive maintenance costs from the husband and the husband has income, the Court may order the husband to provide maintenance costs to the wife according to
the income of the divorced husband.
Provided that:
- If such a wife concludes another marriage, it is not required to provide such costs,
- If the wife’s income is higher than that of the husband, it is not required to provide such costs.
Also Read: Questions on Divorce in Nepal
Agreement between husband and wife
If there exists a written agreement between the husband and wife on the partition share or alimony to which the wife is entitled upon divorce, it shall be
according to such agreement. Provided that no agreement which is against the interest of a minor may be made.
Documents Required for Divorce Filing in Nepal
- Marriage certificate (if not available then any other proof of marriage like of photo of marriage);
- Copy of the citizenship certificate of both husband and wife
- Passport-sized photograph of the applicant
- Temporary Resident letter from Ward office (if the applicant resides except the District then issuance of Citizenship)
- Evidence to prove the claim (like a child’s birth certificate).
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.