Family Law in Nepal: A New 2081 Guide

Introduction of Family Law

Family Law in Nepal are the Laws and Regulations that govern various domestic affairs, including marriage, divorce, inheritance, guardianship, adoption, and guardianship. It also regulates the procedures and requirements for marriage, including age restrictions, consent, and registration.

Further, it governs the distribution of assets and properties upon the death of an individual. The Legal Framework for Adoption, procedure for Adopting a Child including meeting the Eligibility Criteria, Documents and Court Approval have been outlined. Family law in Nepal is primarily regulated by the Muluki Civil Code, 2017 (2074).

Major Branches of Family Law in Nepal

Family Law encompasses several major branches that govern various aspects of family relationships and domestic matters.

Marriage Law:The institution of marriage is governed by this subfield of family law, which also includes the prerequisites for marriage, such as age, consent, and registration.

Divorce Law:The procedures and grounds for divorce in Nepal are regulated by divorce law. This includes fault-based grounds such as adultery, maltreatment, desertion, and irreconcilable differences.

Inheritance Law:Inheritance Law governs the distribution of assets and properties upon the death of an individual. It outlines the legal rights of heirs and beneficiaries.

Adoption Law:Adoption Law in Nepal regulates the process of adopting a child, including eligibility criteria for adoptive parents, adoption procedures, documentation requirements, and court approval.

Guardianship Law:Guardianship Law deals with the appointment and responsibilities of legal guardians for minors or individuals.

Partition of Property

Individuals such as husband, wife, father, mother, son, and daughter are deemed coparceners for the purpose of dividing property held in common. Every coparcener is entitled to an equal portion of the property that has been partitioned.

Provisions are specifically designed to accommodate expectant women. Child partition shares are entitled to be distributed from the property of both parents when they are born to couples in various circumstances, including dissolution of marriage.

Coparceners are entitled to their partition share, and neglect to provide for their medical care and maintenance could result in their separation. The decision to partition shares can be made by coparceners at any time, and this can be accomplished via legal deeds.

Property must be partitioned in accordance with a written deed that specifies pertinent information such as coparceners’ details, property distribution, and obligations. For legal recognition, the deed must be registered.

Marriage

Marriage is officially declared finalised upon the mutual acceptance of a man and a woman as spouses. Marriage is regarded as an eternal and sacred union predicated on voluntary agreement.

To have a marriage registered, an application must be submitted to the appropriate authority. The individuals involved in this procedure are required to perform the following: submit the required documents, render a decision regarding the validity of the marriage, draft a deed of assent, affix their signature to the marriage register, and issue a certificate of marriage registration.

The surname of one’s father, mother, or husband may be used by married women as an option. In different circumstances, such as annulment, divorce, or remarriage, the matrimonial relationship is deemed to have come to an end.

Divorce

Both the husband and wife have the option to divorce the relationship if they mutually desire to do so. In certain circumstances, such as protracted separation, age deprivation, severe physical or mental damage, or if the wife engages in extramarital relations, the husband may initiate divorce unilaterally.

Likewise, in the event that the husband rapes the wife, the wife may file for divorce under particular circumstances—prolonged separation, deprivation of maintenance, grievous physical or mental damage, the husband’s remarriage, or extramarital relations.

To obtain a divorce, either the husband or the wife is required to submit a petition to the court. In an effort to reconcile the rift between the husband and wife, the court is obligated to facilitate mediation.

A year following the filing of the petition for divorce, the court may grant the dissolution of the marriage if reconciliation attempts are unsuccessful and both parties refuse to reconcile.

In accordance with the wife’s request, the court is obligated to partition the marital property prior to the filing of the divorce petition.

Adoption

Acceptance of a child by an individual as their own results in the child being deemed as the adopted son or daughter. The process of adoption ought to be conducted in a way that safeguards the child’s highest rights and best interests.

Individuals who already have children of their own are typically prohibited from adopting. Unmarried individuals over the age of forty-five, widows, widowers, and those judicially separated without children are all ineligible for adoption, as are couples without children after ten years of marriage.

Adoption is strictly prohibited for the following categories of individuals: children, those who have been adopted previously (unless the adoption is annulled), and those in a closer relationship than what is permitted.

Adopted children are endowed with the identical entitlements, rights, obligations, and responsibilities that are bestowed upon them by their biological parents.

Succession

Succession to the property of a deceased person is deemed to be opened upon their death. In accordance with the Order of Preference, the property is entitled to the succeeding heir who is closest to the deceased.

People are not obligated to accept succession, and if they do not, it may pass to alternative heirs in the order of their preference. Heirs who are found to have knowingly contributed to the demise of the deceased are ineligible for succession. The successor is obligated to carry out funeral rites, settle the debts of the deceased, and administer their investments at their age.

When there are no heirs or heirs refuse succession, the property may be transferred to the local government for use in the public interest.

Guardianship

A person appointed or obligated to safeguard the rights and interests of an incompetent or quasi-competent individual is a guardian. Ascertaining guardianship is conducted in the order of priority.

A guardian must be certified by the court if guardianship is granted by someone other than those enumerated in the priority order. When the welfare and protection of the incompetent or quasi-competent individual are at stake, the court may appoint a guardian under the rightful circumstances.

The designated guardian’s consent is required. Guardians bear the responsibility of ensuring the incompetent person’s maintenance, health, education, and care. When required, they may utilise their property, but only with the court’s authorization if the property is sold.

Our Services (Family Lawyer in Nepal)

Lawneeti Associates provides the Following Services as the Leading Family Lawyers in Nepal:

Divorce and Separation

We specialise in all facets of divorce and separation at Lawneeti Associates, including the drafting of required documents, the initiation of legal proceedings, and the creation of separation agreements that are tailored to the requirements of our clients.

Child Custody

In the aftermath of a divorce or separation, we offer comprehensive legal services pertaining to child custody, including the evaluation of parental responsibilities, determination of legal and physical custody, and visitation rights.

Child Support

Our firm handles child support matters, ensuring financial support for the upbringing of children, including dispute resolution and litigation measures when necessary.

Spousal Support

We assist with spousal support arrangements, ensuring fair financial support post-divorce or separation, based on legal mandates and individual circumstances.

Property Partition

Our team assists in the division of co-owned property following a divorce or separation, navigating the complex process that includes asset valuation, the identification of concealed assets, and the differentiation between marital and individual property.

Adoption

Lawneeti Associates provides a wide range of adoption-related services, including litigation participation in court proceedings and guidance throughout the legal process.

Guardianship

We assist with guardianship proceedings, ensuring legal recognition and establishing agreements for decision-making on behalf of minors or incapacitated adults.

Mediation and ADR

Our firm offers flexible and streamlined methods for resolving family law disputes outside of court.

Same-Sex Marriage

Lawneeti Associates is LGBTQ+ friendly, providing legal services for same-sex marriage, adoption, discrimination cases, and advocacy for LGBTQ+ rights in Nepal and internationally.