Divorce is the legal end of a marriage. The main law that covers divorce in Nepal is the Muluki Civil Code 2074 (2017). This law gives both husbands and wives the right to ask for a divorce. Before this new law, it was harder for husbands to file for divorce.

Either the husband or the wife can file for divorce in Nepal. They must file the case in a district court. If someone lives outside Nepal, they can use a power of attorney to file for divorce.

Grounds for Divorce

The law lists specific reasons why someone can ask for a divorce. These reasons are different for husbands and wives.

Grounds for Husbands:

1. The wife has lived apart for three or more years without the husband’s agreement.
2. The wife doesn’t provide for the husband’s needs or kicks him out of the house.
3. The wife does something that seriously hurts the husband physically or mentally.
4. The wife has sex with another person.

Grounds for Wives:

1. The husband has lived apart for three or more years without the wife’s agreement.
2. The husband doesn’t provide for the wife’s needs or kicks her out of the house.
3. The husband does something that seriously hurts the wife physically or mentally.
4. The husband marries another woman.
5. The husband has sex with another woman.
6. The husband rapes the wife.

1. Mutual Consent Divorce

This is when both the husband and wife agree to divorce. It’s the fastest way to get divorced.

Process for Mutual Consent Divorce:

1. One person files a divorce petition in court.
2. The next day, both people go to court.
3. They both agree to the divorce in writing.
4. If all the papers are correct, the judge can grant the divorce that day.

This process usually takes only two days.

2. Contested Divorce

This happens when one person wants a divorce, but the other doesn’t agree. It takes much longer than a mutual consent divorce.

Process for Contested Divorce:

1. One person files a divorce petition in court.
2. The court sends a notice to the other person.
3. The other person has 21 days to reply (they can get 15 more days if needed).
4. The court starts looking at evidence and hearing from witnesses.
5. The court tries to get the couple to agree through mediation.
6. If they can’t agree, the court keeps looking at the case.
7. The court makes a final decision after at least one year.

This process usually takes a year or more.

To file for divorce, you need certain documents. The exact list can change based on your situation, but here are the basics:

For Nepali Citizens:

1. Citizenship certificates of both husband and wife
2. Marriage registration certificate (or marriage photos if you don’t have the certificate)
3. Birth certificates of any children
4. Two passport-size photos of each person
5. Proof of temporary residence if you’re filing in a district where you don’t permanently live

For Nepali Citizens Living Abroad:

You need all the above documents, plus:

6. A power of attorney document approved by the Nepali embassy in the country where you live
7. Citizenship copy of the person acting as your attorney in Nepal

For Foreign Citizens:

1. Passport copies of both people
2. Marriage certificate
3. Birth certificates of any children
4. Two passport-size photos of each person
5. If you’re not in Nepal, you need a power of attorney document approved by a lawyer in your country

When a couple divorces in Nepal, they need to divide their property. This should happen before or during the divorce process.

Property Division:

• If the divorce is because of the husband’s actions, the wife can ask for her share of the property.
• Any property in both names or in either person’s name should be divided equally.
• If the husband hasn’t divided property from his family yet, the court will figure out how much the wife should get.

Alimony:

• During the divorce case, the husband might have to pay monthly support to the wife.
• Instead of property, the wife can ask for a lump sum or monthly payments.
• If the husband has no property but has income, he might have to pay support based on how much he earns.

When Husbands Don’t Have to Pay:

The husband doesn’t have to give property or alimony if:

• The wife kicked him out of the house
• The wife hurt him physically or mentally on purpose
• The wife had sex with someone else

Child Custody in Nepali Divorces

When parents divorce, they need to decide who will take care of the children. Here’s how it usually works:

• Children under 5 years old usually stay with their mother.
• Children 5-10 years old stay with their mother, unless mother denies custody of the child.
• Children over 10 can choose which parent to live with.
• The parent who doesn’t have the child living with them usually has to pay child support.
• Both parents usually get to visit the children, even if they don’t live together.