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Divorce process in Nepal is the legal dissolution of a marriage between a husband and wife. As per prevailing divorce law in Nepal, if both husband and wife so desire, they may terminate their marital relationship through divorce at any time. This article describes the overall process of divorce in Nepal including one-sided divorce in Nepal and Mutual divorce process in Nepal as well as the provisions of divorce law for wife in Nepal and Divorce law for husband in Nepal.
1. What is the governing law for divorce in Nepal?
Divorce process in Nepal is governed by Chapter Three of the Nepalese National Civil Code, 2074. According to this Code, if both husband and wife so desire, they may divorce the relationship of husband and wife at any time on mutual consent.
2. Which authority are related to Divorce?
The application for divorce can be filed at the concerned District Court of Nepal.
3. What are the types of Divorce that exist in Nepal?
There are two types of divorce in Nepal:
(a) Mutual consent divorce in Nepal
Mutual divorce process in Nepal is a legal process that allows a couple to end their marriage by mutual agreement. In mutual consent divorce, couples settle their issues such as property distribution, child custody and support by themselves without placing blame on each other.
(b) One-sided Divorce in Nepal: Divorce by Court Decision
One-sided divorce in Nepal is the divorce initiated by husband or wife without the mutual consent of respective spouse. In one-sided divorce, decision on divorce is provided by the relevant District Court. Hence, divorce by court decision means that a judge has formally dissolved a marriage through legal proceedings, after considering evidence and arguments presented by both parties. The issues of property distribution, child custody and support are stated in the decision of a judge in one-sided divorce in Nepal.
4. Who can file a Divorce case in Nepal?
The husband or wife desiring to get divorce can file for divorce in the concerned District Court of Nepal.
5. Is it possible to initiate Divorce process in Nepal without being present in Nepal?
Yes, husband or wife residing abroad can file for divorce in Nepal without being present in Nepal. For the filing of divorce case they can appoint a person on their behalf by providing Authorized Power of Attorney (POA) (Adhikrit Waresnama) authenticated from Embassy of Nepal in respective person's country of residence. The POA once provided can allow the person receiving the POA to oversee and undertake all necessary proceedings relating to the divorce until the final verdict.
6. What are the Legal grounds for divorce without the consent of the other in Nepal?
Under the laws of Nepal, husband and wife both can file petition for divorce even without the consent of the respective spouse in any of the following circumstances:
(a) Legal grounds for Divorce in Nepal for Husband
- If the wife has been living separately for three or more than three consecutive years without the consent of the husband,
- If the wife deprives the husband of the maintenance costs or expelled him from the house,
- If the wife commits the act or conspiracy likely to cause the grievous hurt or severe physical or mental pain to the husband,
- If the wife is proved to have made sexual relation with another man.
(b) Legal grounds for Divorce in Nepal for wife
- If the husband has been living separately for more than three consecutive years without the consent of the wife,
- If the husband deprives the wife of the maintenance costs or expelled her from the house,
- If the husband commits the act or conspiracy likely to cause the grievous hurt or severe physical or mental pain to the wife,
- If husband has married another women (Bigamy),
- If the husband is proved to have made sexual relation with another woman,
- If the husband is proved to have raped his wife.
7. What are the required documents for filing of the Divorce in Nepal?.png)
The required documents for filing a divorce case in Nepal are as follows:
- Copy of the citizenship certificate
- Copy of the passport (If the party is foreigner)
- Copy of marriage registration certificate (If not available, then any other proof of marriage or marital relationship)
- Birth certificate of child (If having any child)
- Passport size photos (2 copies)
- Temporary residence letter from the ward office (If case is being filed in the District Court of temporary residing district)
- Authorized Power of Attorney (POA) (Adhikrit Waresnama), if divorce case is being filed through power of attorney without being present of concerned person
- Copy of citizenship of the person receiving the POA
- Any other evidences to prove the claim of petition
- Witnesses
8. What is the procedure of Divorce in Nepal?
The procedure of divorce vary according to the type of divorce being concluded.
(a) Mutual Consent Divorce Process in Nepal.webp)
Mutual divorce process in Nepal is typically a two-day divorce process. The process of mutual consent divorce process in Nepal is briefly described below:
Day 1:
Husband or wife must file the divorce petition in the concerned District Court of Nepal.
Day 2:
Both husband and wife must be present before the Court.
If Authorized POA has been given for divorce then the person who has taken the POA must be present.
Both parties shall bring their original citizenship (if one party is foreigner then she / he shall bring their passport).
Other party shall submit response letter in the concerned District Court.
Both parties shall submit mutual settement application and mutual settlement agreement including all the settled terms on divorce. i.e. property and custody of child (if any).
Then after fulfilling all the proceeding the documents are submitted infornt of the respective judge and if judge finds it appropriate then the divorce will be concluded between husband and wife.
(b) Procedure for one sided divorce in Nepal: Divorce by Court Decision
Divorce by court decision takes around one-year and the process of one-sided divorce in Nepal is briefly described below:
Husband or wife desiring to get a divorce must file a petition of divorce in the concerned District Court.
The Court will provide notice of petition to another party through officials of Court.
After receiving the notice of petition, the receiving party must submit response letter of petition in the concerned Court within the stipulated time.
If a petition if filed for divorce, the Court shall, to the extent possible, remind and convince both the parties and conciliate them to solve the dispute through mediation.
And if the mediation fails, then the court initiate further proceeding of Court. i.e. collection of evidence, witness examination and if any party has claimed property, then the court will also ask for the details of property.
If the dispute between parties is not resolved through the process of mediation then the court grants the final decision on divorce after examination and evaluation of the overall documents, witnesses and evidence presented by the both parties.
Note: The decision of divorce, either done by mutual consent or by decision of court, needs to be informed and registered in the concerned local level ward office and the concerned local level ward office will provide the divorce registration certificate.
- Petition to be filed for divorce
- Serving a Notice to other party
- Reply from the other party
- Mediation Process in the Court.
- Final decision
In which condition the husband is not obligated to provide maintenance costs or alimony?
- If the wife remarries, the husband is no longer obligated to provide maintenance costs or alimony.
- If the wife's earnings are higher than the husband's earning, the husband is not obligated to provide maintenance costs.
In which condition a husband can refuse to provide property partition or alimony to wife?
On any of the following conditions, husband will not be requried to provide partition share on property or alimony:
- If the wife deprives the husband of the maintenance costs or expelled him from the house.
- If the wife commits the act or conspiracy likely to cause the grievous hurt or severe physical or mental pain to the husband.
- If the wife is proved to have made sexual relation with another man.
Frequently Asked Questions
1) How is property partition conducted during divorce process?
2) Does Pre-existing agreement have validity during divorce process?
3) Whether wife can get lump sum amount or alimony instead of property?
4) What is legal provision on post nuptial and pre-nuptial agreement in Nepal?
5) In which condition can the wife get maintenance cost?
6) Can wife claim husband property after divorce in Nepal ?
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.