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The formal dissolution of the marital relationship of husband and wife is called divorce. National Civil Code 2074 has provisions relating to Divorce Law in Nepal. It has allowed both Husband and Wife to divorce each other at any time. If a Husband or Wife wants to Divorce, Divorce Lawyers in Nepal are required. Lawneeti Associates is a Full-Service Law Firm in Nepal with dozens of professionals specializing in the Divorce Law of Nepal and obtaining a Divorce Registration Certificate. For conducting a Divorce, a Divorce Registration Form must be filled by the person desiring the Divorce. Then, the other party will be notified. A Wife can divorce her husband in Nepal. According to the New Divorce Law, Wife can claim the property of her husband after Divorce. It takes about a year to complete the Divorce Process in Nepal.
Provision of Divorce in Nepal
The legal provisions and procedures related to divorce are mentioned under section 93 to section 104 of the Civil Code, 2017 and for the divorce, a petition is filed to the relevant district Court. The petition can be filed in the district where the marriage has been registered. Also, the petition can be filed in the district where the opponent is residing.
Conditions to File Divorce
Divorce can be filed by any interested party (husband or wife). The husband or wife can file for the divorce without consent of the spouse in any of the following circumstances.
A. Husband may effect divorce: (a) Except where the husband and wife are living separately after obtaining their partition share or separating bread and board in accordance with law, if the wife has been living separately for three or more consecutive years, without consent of the husband; (b) If the wife deprives the husband of the maintenance costs or expels him from the house; (c) If the wife commits an act or conspiracy likely to cause grievous hurt or other severe physical or mental pain to the husband; or (d) If the wife is proven to have made sexual relations with another person.
B. Wife may effect divorce: (a) Except where the husband and wife are living separately after obtaining their partition share or separating bread and board in accordance with law, if the husband has been living separately for three years or more consecutively, without consent of the wife; (b) If the husband deprives the wife for the maintenance costs or expels her from home; (c) If the husband commits an act or conspiracy likely to cause grievous hurt or other severe physical or mental pain to the wife; (d) If the husband concludes another marriage; (e) If the husband is proved to have made sexual intercourse with another woman; or (f) If the husband is proved to have raped the wife.
Divorce Process in Nepal
(a) Petition to be filed for divorce. The husband or wife, as the case may be, desiring to get divorce is required to file a petition in the concerned District Court.
(b) Notice be given to the other party. The concerned District Court gives notice of petition to another party through officials of Court.
(c) Statement of defense to be submitted by the other party. After getting notice of the petition, the receiving party must file the statement of defense within 21 days. Provided that in a circumstance beyond his or her control the time-limit for submission of of statement of defense can be extended for fifteen days.
(d) Mediation to be made between husband and wife. If a petition is filed for divorce, the Court shall, to the extent possible try and convince both the parties and conciliate them to solve the dispute.
(e) Partition of property to be effected before divorce. (1) If divorce is to be effected because of the husband, the Court shall, if the wife so demands, cause partition to be effected between the husband and wife before effecting divorce. (2) If it appears that it may take a long time to effect partition, the court may effect divorce between the husband and wife and order the husband to provide the wife with monthly expenses as alimony according to the property and income of the husband until the partition is effected . (3) The husband shall not be compelled to provide partition share or alimony to the wife if the petition has been filed on grounds other than wife living separately from husband for three years or more without the consent of the husband.
(f) Decision of divorce from the Court: If the Court fails to make conciliation between the husband and wife and deems it appropriate to dissolve the relationship of husband and wife, the Court shall effect divorce between them.
(g) Certificate of Divorce: The divorce concluded by the decision of the Court or deed of compromise between the parties, must be informed to ward office where the marriage has been registered. The concerned ward office shall maintain the record of divorce and provide the certificate of divorce to either party. In case the party is unable to do so, the authorized power of attorney can inform and get the divorce certificate from the concerned ward office on behalf of the party.
The Overall Cost of Divorce in Nepal depends on the length of the whole process, divorce lawyers in Nepal and the Mediation/Court Fees.
Divorce with Partition or Alimony
The husband shall not be compelled to provide partition share or alimony to the wife under following conditions: (a) If the wife deprives the husband of maintenance costs or expels him from the house; (b) If the wife commits an act or conspiracy likely to cause the grievous hurt or other severe physical or mental pain to the husband; or (c) If the wife is proved to have made sexual relation with another person.
Lump Sum Divorce
If the wife who effects divorce desires to obtain a lump sum amount or annual or monthly alimony or expense, instead of the partition share from the husband, 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. Provided that if such a wife concludes another marriage, it is not required to provide such amount or alimony.
Types of Property for Wife in Nepal after Divorce
Maintenance Law in Nepal
(a) Wife shall get equal entitlement to partition share on the property of the husband. For the purposes of apportionment of property in common, the husband, wife, father, mother, son, and daughter shall be deemed to be coparceners. If a property in common is registered in the name of both husband and wife or either of them, then such property shall be partitioned between them according to law, prior to effecting divorce. (b) Prior to effecting the divorce the property of the husband shall be divided into two parts (in case of no children) and the wife shall be entitled to one part of the partition. In the case where the husband and wife have children from their conjugal relationship, the property shall be divided equally among all the coparceners. (c) If the husband himself has not obtained partition from his father or other coparceners, the Court shall, by causing both the parties to disclose the coparceners, and if there are other coparceners who are entitled to partition, by inquiring such coparceners as well, cause the partition to be apportioned between the husband and wife.
Divorce from Foreign Countries in Nepal
Required Documents for Divorce in Nepal
The following documents are required for filing divorce in Nepal:
- Marriage certificate (if not available then other proof of marriage);
- Copy of citizenship certificate;
- Passport sized photograph of applicant;
- Evidence to prove the claim (if any);
- Copy of birth certificate of children (if any); and
- Authorized power of attorney (in case the case is to be filed through authorized power of attorney)
Time for Divorce
Divorce from Abroad in Nepal
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