Divorce Lawyer in Nepal

What is Divorce in Nepal?

In accordance with the law, divorce is the formal dissolution or termination of a marriage via court proceedings. The legal structure pertaining to divorce in Nepal is predominantly regulated by the Muluki Civil Code 2074 (2017 AD). The legal procedure by which a married couple formally terminates their marriage and is granted the right to live apart is referred to as divorce in Nepal.

Filing a petition with the relevant court is a part of the divorce procedure in Nepal. The relevant court shall assess the circumstances for the divorce and may consider the possibility of reconciliation via counseling. In the event that reconciliation is unsuccessful, the court will resume divorce proceedings after reviewing the evidence that was submitted by both parties.

How can a husband in Nepal petition for a divorce?

The spouse has the authority to initiate divorce proceedings under the following circumstances:

1. If the wife has been living apart for three or more consecutive years without the consent of the husband, unless the separation occurs after obtaining their partition share or dividing bread and lodging in accordance with the law.
2. Should the wife deny the husband the payment of maintenance or evict him from the residence.
3. If the wife engages in conduct or plots an act that is likely to cause the husband severe physical or mental anguish.
4. If it can be established that the wife engaged in sexual relations with an additional individual.

How can a Wife petition for a Divorce in Nepal?

The wife may file for divorce under the following circumstances:

1. If the husband has resided apart from his wife for three consecutive years without her consent, excluding situations where the wife has separated after obtaining their partition share or separating bread and board in accordance with the law.
2. If the husband excludes the wife from the household or fails to pay maintenance fees.
3. If the husband engages in conduct or organizes a scheme with the intention of inflicting severe physical or mental suffering upon the wife.
4. If the husband marries again.
5. When it is established that the husband has engaged in sexual activity with another woman.
6. Should proof be presented that the husband assaulted the wife.

How do I petition for divorce in Nepal?

Step 1: Petition Filing for Divorce in District Court

The initiation of the divorce procedure in Nepal begins with the filing of a divorce petition by either the husband or the wife at the District Court of their respective residence. The marriage certificate or an acceptable substitute, a citizenship certificate, a passport-sized photograph, supporting documentation for the claim, a birth certificate for any children (if applicable), and an authorized power of attorney if filing through an attorney are all required documents to be submitted during this step.

Step 2: Spouse’s Reaction to the Petition

Immediately following the petition’s filing, the court issues a notification to the spouse apprising them of the ongoing legal proceedings. The spouse is then given a 21-day window in which to respond by filing a defense, outlining their side of the story and any corroborating evidence.

Step 3: Husband and Wife Mediation

As a means to foster harmonious resolutions, the court initiates mediation proceedings subsequent to the filing of the defense. Encourage the spouses to reconcile and resolve conflicts to the greatest extent possible as part of this step. In the event that mediation is not effective, the divorce proceedings will proceed.

Step 4: Trial and, if required, temporary orders

When a spouse is the victim of domestic violence, marital rape, or other unethical offenses, the court possesses the jurisdiction to issue transitory orders in their favor. During the legal procedure, this step aims to address any immediate issues and offer protection.

Step 5: Commencement of the Partition of Divorce

In the event that the husband initiates the divorce and the wife objects, the court will commence partition proceedings prior to the divorce being finalized. In order to ensure an equitable division between the divorcing spouses, this is especially pertinent when it comes to common registered properties.

Step 6: Final Decision from the Court

A final decision is rendered if conciliation efforts between the spouses fail and the court determines that proceeding with the divorce is appropriate. The aforementioned ruling signifies the formal termination of the matrimonial union, and the court issues an order to annul the marriage registration certificate.

How Long does Divorce take in Nepal?

If both the husband and wife consent to a divorce in Nepal, the court will expeditiously complete the proceedings. Nevertheless, in the event that the parties are unable to reconcile despite repeated court reminders and attempts at persuasion, the divorce will be finalized one year subsequent to the petition’s filing.

Is It Possible for a Wife to Reclaim Husband Property Following Divorce in Nepal?

In the partition of her husband’s property, the wife is entitled to an equal share. The husband, wife, father, mother, son, and daughter are the individuals who are regarded as coparceners for the purpose of allocating a common property. The law requires partition of such property between the husband and wife, or either of them, prior to the initiation of divorce proceedings in cases where a property in common is registered in the names of both. In the event of a dispute, if the husband has not previously obtained partition from his father or other coparceners, the court shall require both parties to disclose the coparceners. The court shall initiate an inquire into any additional coparceners who are entitled to partition and allocate the partition between the husband and wife in accordance with the findings.

How may one choose a divorce lawyer in Nepal?

Various factors must be carefully considered when selecting a divorce law firm in Nepal. Place emphasis on specialization and experience when selecting an attorney; look for one who possesses extensive knowledge and expertise in the areas of family law and divorce cases. Additionally, evaluate the reputation of the law firm through referrals, online evaluations, and testimonials. Make sure the law firm maintains a transparent fee structure, communicates effectively, and is in line with your objectives. Analyze the law firm’s experience conducting divorce cases.