Divorce Proceedings

Divorce proceedings in Nepal are governed by the Civil Code 2017 (Muluki Dewani Samhita 2074), specifically Sections 93 to 104. Once a marriage is registered, the marital relationship can only be terminated through court process. Whether you seek mutual consent divorce or contested divorce, the application must be filed before the District Court.

At Court Marriage in Nepal Pvt. Ltd., we provide professional legal assistance for divorce cases. Our experienced divorce lawyers guide you through the entire process with complete confidentiality, ensuring your rights are protected and proceedings are handled efficiently.

Types of Divorce in Nepal

Mutual Consent Divorce

Pursuant to Section 93 of Civil Code, husband and wife can terminate their marital relationship through divorce at any time if both parties mutually agree. This is the simplest and fastest form of divorce in Nepal.

Divorce Without Consent

When one spouse does not agree to divorce, the other party can file for divorce based on specific legal grounds defined by law. This process takes longer as it involves court hearings, mediation, evidence collection, and judicial decision.

Grounds for Divorce in Nepal

Grounds for Husband to File Divorce

1. Wife has been living separately for 3 or more consecutive years without consent of husband

2. Wife deprives husband of maintenance costs or expels him from the house

3. Wife commits an act or conspiracy likely to cause grievous hurt or severe physical or mental pain to husband

4. Wife is proved to have made sexual relation with another man

Grounds for Wife to File Divorce

1. Husband has been living separately for 3 or more consecutive years without consent of wife

2. Husband deprives wife of maintenance costs or expels her from home

3. Husband commits an act or conspiracy likely to cause grievous hurt or severe physical or mental pain to wife

4. Husband concludes another marriage

5. Husband is proved to have made sexual intercourse with another woman

6. Husband is proved to have committed marital rape

Divorce Process in Nepal (Mutual Consent)

Step 1: Either husband or wife files the divorce petition in the District Court along with required documents.

Step 2: The other party submits written reply confirming consent to divorce.

Step 3: Court provides the divorce certificate on the same day of submission of written reply.

Timeline: Mutual consent divorce can be completed within 2-3 days.

Divorce Process in Nepal (Without Consent)

Step 1: Filing the divorce petition by husband or wife before the applicable District Court.

Step 2: Court provides notice of divorce to the other party.

Step 3: Submission of reply and defense by the receiving party within stipulated time.

Step 4: Court sends for mediation between husband and wife. Generally one month time is provided for mediation process.

Step 5: If mediation fails, witness examination and collection of evidence proceeds.

Step 6: Final decision on divorce by the Court.

Step 7: Implementation of decision and cancellation of marriage registration certificate from concerned Ward Office.

Timeline: Generally takes 9-12 months for completion of divorce without mutual consent.

Documents Required for Divorce

1. Copy of citizenship of both husband and wife

2. Marriage registration certificate (if not available, photos of marriage conducted through rituals)

3. Birth certificate of children under 16 years or citizenship certificate

4. Two copies of passport size photos of husband and wife

5. Evidence to prove the claim (if any)

Partition of Property During Divorce

During divorce proceedings, the court decides on the partition of property among husband, wife, and children. Key provisions include:

Equal Entitlement: Wife has equal entitlement to partition share on the property of husband. Husband, wife, father, mother, son, and daughter are deemed coparceners for property apportionment.

Alimony Option: Wife can choose to receive a lump sum amount or monthly alimony instead of partition share, based on husband's property and income.

Exemption Right: Wife has the right to exempt the property if she does not wish to take property from husband.

Note: Husband is not liable to provide property to wife if it is proved that wife had sexual relations with another man, caused grievous hurt to husband, or expelled husband from house.

Child Custody After Divorce

Both mother and father can take care of children after divorce. The law recognizes the following for custody:

Below 5 Years: Mother will be responsible for custody, whether she concludes another marriage or not.

Above 5 Years: Custody with mother if she desires and has not concluded another marriage.

After 10 Years: Opinion of the minor child is obtained before deciding custody.

Note: Despite termination of marital relationship, the obligation of father and mother towards children remains. The property of children may remain with father or mother after partition.

Divorce for Individuals Living Abroad

Nepali citizens or foreign citizens living abroad can file divorce in Nepal without being physically present. The process requires:

1. Execute an Authorized Power of Attorney (POA)

2. Get POA verified and authenticated from the respective Nepal Embassy in that country

3. Send original POA to Nepal for court registration

POA can be granted to relatives, friends, lawyers, or any person living in Nepal to initiate the case on your behalf.

Remarriage After Divorce

Once divorce is completed, both husband and wife have the right to marry another person immediately. There is no waiting period required after divorce for remarriage in Nepal.

Recognition of Divorce Certificate Abroad

Divorce certificate issued by Nepal court is recognized worldwide. For use in foreign jurisdiction, the certificate should be notarized at the Department of National Personal Record (Rastriya Kitabkhana) and attested by the Ministry of Foreign Affairs (MOFA).

Why Choose Us?

Experienced Divorce Lawyers: Our legal team has handled numerous divorce cases across District Courts in Nepal.

Complete Confidentiality: All communications and case details are protected under attorney-client privilege.

Sensitive Approach: We understand divorce is emotionally difficult. Our team handles your case with professionalism and empathy.

Property & Custody Assistance: We handle property partition and child custody matters alongside divorce proceedings.

Abroad Filing Support: We assist clients living abroad with POA verification and case filing without their presence in Nepal.