Divorce Process in Nepal 2081

Divorce is a termination or permanent dissolution of marriage. It is a legal process through which a marriage is brought to an end thereby releasing the parties from all sorts of obligations towards each other as husband and wife. Spouses are free to remarry after divorce unlike in other matrimonial reliefs such as judicial separation.

A divorce is done when the married couple no longer wants to be married to each other and there is no possibility of reconciliation. The divorce process in Nepal is regulated by Muluki Civil Code.

Divorce Process in Nepal by Mutual Consent

If both husband and wife agree to dissolve the marriage, it can be done quickly and easily. It is not necessary for either of you to actually commit wrong in marriage to have divorce done. Even if you simply do not want to stay together, by mutual consent you can effect the divorce process in Nepal. You’ll get it done in less than a week. Here, the couple mutually agree in terms of property share and custody of children.

Divorce by consent is preferable because it saves:

1. Time
2. Money
3. Energy

Divorce demanded by a single party; in the absence of consent

In case there’s a disagreement between husband and wife i.e. one party thinks that the other is at fault, either party who feels that he is the victim can file for divorce case in his respective district court.

Grounds of Divorce for Husband

• If the wife has been living separately for three or more consecutive years, without the consent of the husband,
• If the wife expels him from the house or deprives the husband of maintenance costs.
• If the wife causes serious hurt or other severe physical or mental pain to the husband.
• If the wife is proven to have made sexual relations with another person.

Grounds of Divorce for Wife

• If the husband has been living separately for three years or more consecutively, without the consent of the wife.
• If the husband expels her from home or deprives the wife of maintenance costs.
• If the husband causes grievous hurt or other severe physical or mental pain to the wife.
• If the husband concludes another marriage
• If the husband has made sexual intercourse with another woman.
• If the husband has raped the wife.

Divorce Process in Nepal – Stepwise Procedures

• Filing of the petition: Either party can file the petition in their respective district court.
• Notice to another party: Unlike previous laws, the current law allows the plaintiff party him/herself to send notice to the other party which allows for faster disposal of the case.
• Submission of written response by the defendant within the prescribed time.
• Mediation by court: If a petition is filed for divorce, the court shall, to the extent possible, remind and convince both parties and conciliate them. The period for conciliation is 1 year long.
• Divorce decree: 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 the filing of the petition.

Documents Required for Divorce Process in Nepal :

• Citizenship Certificate
• Recommendation letter from the concerned ward, if the petition is to be filed from other than permanent district.
• Passport size photo
• Marriage Certificate or in case of absence of a marriage certificate any other evidence of marriage.
• The written agreement, 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.
• Details of the property and property to be claimed

Two major issues in divorce

Custody of Children

According to prevailing laws, if the matrimonial relationship between a husband and wife is extinguished in accordance with the law, a minor born from them shall remain in the custody of the mother or the father as provided herein below:

• In the case of a minor who has not attained five years of age, under the custody of the mother, if she so desires irrespective of whether or not she has concluded another marriage,
• In the case of a minor above five years of age, except where the mother has concluded another marriage, under the custody of the mother, if she so desires,
• In the circumstance other than that referred to in clause (a) or (b), under the custody of the father

But if the husband and wife have entered a separate agreement on the custody of a minor at the time of divorce or judicial separation, the agreement shall apply to the custody of the minor.

If a child is above 10 years: While deciding which of the father and the mother has the custody of a minor above ten years of age, the opinion of the concerned minor may also be obtained.

Also Read: Birth Registration in Nepal

Also Read: Adoption Law in Nepal

Property Issues

Partition of property to be effected before divorce :

If divorce is to be effected because of the husband, the concerned court shall, if the wife so demands, cause partition to be effected between the husband and wife before effecting divorce.

Lump sum amount or alimony( monthly/ annual expense) instead of partition share:

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.

Maintenance cost: If the wife, who has not obtained partition from the husband for there being no property for partition, 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.

In case of the death of a divorcee woman: The previous child or husband shall obtain the property received by her from such a husband, and the successor on her mother’s side shall obtain the other property in case of her death.

Things to keep in mind :

1. Wife shall not receive property share in case of her fault i.e. if she expels husband out of house, causes serious hurt to husband, mental and physical torture to husband, or has extra-marital affairs.
2. After filing the petition, the court won’t effect divorce immediately rather it will give one year-long period for resolving the disagreement between husband and wife i.e. the cooling period for reconciliation.
3. Partition to be done before effecting divorce: If divorce is to be effected because of the husband, the concerned court shall, if the wife so demands, cause partition to be effected between the husband and wife before effecting divorce.

 Frequently asked questions :