Divorce Process in Nepal | New Guide(2025)

Divorce process in Nepal is a formal procedure of legal dissolution of a marriage between a husband and wife. Divorce in Nepal is a permanent separation of husband and wife, initiated and concluded from the concerned Court of Nepal.

Divorce is regulated in Nepal by Chapter Three of the Nepalese National Civil Code, 2074, according to this law if both husband and wife so desire, they may divorce the relationship of husband and wife at any time and if divorce is happening due to any act or action taken under Chapter Three of the Nepalese National Civil Code, 2074, then one may file a lawsuit of divorce within three months after the date of accrual of the cause of action or knowledge of such an act or action.

Types of Divorce in Nepal

There are two types of Divorce in Nepal:

1. Divorce in Mutual Consent
2. Divorce by Court Decision

1. Divorce in Mutual Consent

A divorce by mutual consent is a legal process that allows a couple to end their marriage by Agreement. It is also known as amicable divorce. In this type of divorce couple settle their issues such as property distribution, child custody and support by themselves without placing blame on each other.

2. Divorce by Court Decision

A 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. Parties do not have mutual agreement about conducting the divorce and the issues of property distribution, child custody and support were also sorted out by the decision of a Judge.

What are the grounds for divorce?

As per Nepalese Law husband and wife both have legal grounds under which they can file petition for divorce even without the consent of each other.

Legal grounds for Divorce 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.

Legal grounds for Divorce 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 women.
• If the husband is proved to have raped his wife.

What is the Divorce Process in Nepal?

Proceeding for Divorce by Mutual Consent

Divorce by Mutual Consent is the process of 2 days where one spouse file petition, the other spouse submit written response and both parties submit mutual agreement along with settlement agreement

1. One party Shall file the divorce petition in the concerned court.
2. Both Parties should be present in the Court.
3. If POA has been given then the person who have taken POA should be present.
4. Both parties shall bring their original citizenship (if one party is foreigner then s/he shall bring their passport).
5. Other party shall submit response letter.
6. Both parties shall submit mutual settement application and along with aggrement by including all the settled issues.
7. Then after fulfilling all the proceeding the documents are submitted infornt of the Judge. And if Judge finds it appropriate then the divorce will be concluded between husband and wife.

Divorce by Court Decision through Regular Proceedings;

This process takes 1 or more than 1 year where husband and wife do not have mutual agreement and the case goes on formal court proceeding.

1. Filling a petition

Husband or wife who want to get a divorce shall file a petition in the concerned District Court.

2. Notice to be given to the other party

After the petition was filed the court gives notice of the petition to other party and summon him/her to the court with response of petition.

3. Reply from the other party

After getting the notice of petition, the other party shall submit response letter in the Court within the time given by court.

4. Process of Mediation

After the submission of response letter, the court shall send both parties for the purpose of mediation to convince both parties and conciliate the dispute between the husband and wife.

And if the mediation fails, then the court initiate further proceeding like: Collection of evidence, witness examination and if the wife have claimed property from the husband then the court also ask for the details of husband’s property.

5. Final decision

If the dispute between parties did not resolved through mediation then the court grants the divorce after examining the overall documents and witnesses, evidence presented by the parties and so on.

Note: The decision of divorce, either done by mutual consent or by court order, needs to be registered in the concerned ward office and the marriage certificate need to be cancelled.   

What are the documents needed for filing of the Divorce?

Documents that are need for the filing of Divorce case are:

1. Copy of the citizenship
2. Copy of the passport (If the party is foreigner)
3. Copy of marriage registration certificate (If not available, then any other proof of marriage)
4. Child birth certificate (If having any child)
5. Passport size photos
6. Temporary residence document from ward office (If case is being filed in the District Court of temporary residing district)
7. Authorized Power of Attorney (POA) if divorce case is being filed by concerned person through authorized person
8. Copy of citizenship of the person taking POA.
9. Any other documents or proof that can prove the claim in petition.

Who can file a Divorce case in Nepal?

1. Husband or Wife who desired to get divorce can file for divorce in the concerned District Court.
2. If one cannot be present in court or are residing abroad then for the filing of Divorce case they can appoint a person on their behalf by giving authorized Power of attorney (POA) by concerned District Court or Embassy. Who can oversee and do all the necessary proceeding as the party of the case until the final verdict came.

Where can a Divorce case be filed?

The husband or wife who wants to file divorce case can file the case in:

1. District Court of the permanent address of husband or wife.
2. District Court of temporary address of husband or wife (For this, temporary residence recommendation letter from concerned ward office is needed).
3. In case of property with divorce case, in the District Court where the property is located.

How the property partition is conducted in Divorce?

Wife and Husband both are equally entitled to the partition of the property after the divorce despite the fact in whose name the property is registered and if the property have not been divided between coparceners, after the partition is done between coparceners the property obtained by husband will be divided into husband and wife.

1. Equal Entitlement

Both husband and wife (Children if any) are considered coparceners and have equal rights to share in the property, regardless of the property is registration in husband name or wife name or in the name of both parties.

2. Coparceners

For the purpose of property partition, husband, wife, father, mother, son and daughter are considered coparceners. If the property have not been divided between coparceners then the property should be divided between coparceners and the part obtained by husband will be divided equally between husband and wife (Children if any).

3. Pre-existing agreement

If there is a valid written agreement between the husband and wife regarding the partition or alimony, the court will adhere to that agreement. This type of agreement are mainly used in mutual agreement divorce.

4. Maintenance cost

If there is no property to be partitioned, the court may order the husband to provide maintenance to his divorced wife based on his income, if claimed by wife.

But,

• If the wife remarries, the husband is no longer obligated to provide maintenance costs.
• If the wife’s earnings are higher than the husband’s earning, the husband is not obligated to provide maintenance costs.

5. Alimony

The wife can claim alimony from her husband to cover monthly expenses if it deemed that the partition of property will take a long time.

6. No obligation to provide property partition or alimony

If the grounds for Divorce are; wife refuses to provide husband with maintenance or forces husband out of the home, wife has physically or mentally abused husband, if it is proved that wife has engaged in sexual relations with another man, by husband then he is not entitled to provide property partition or alimony to wife.

Do I Need a Lawyer for the Divorce Process in Nepal?

While it’s not required by law, having a lawyer for your divorce in Nepal is highly recommended. Divorce cases can be complex, especially when dealing with property division, child custody, and alimony. A lawyer can help you understand your rights, prepare necessary documents, and represent you in court. They can also negotiate on your behalf during mediation and ensure that your interests are protected throughout the process.

Can I File for Divorce Online in Nepal?

No, you cannot file for divorce online in Nepal. The Nepalese legal system requires in-person filing of divorce petitions at the district court. You must physically submit the necessary documents and pay the court fees at the court office. This ensures that the court can verify your identity and the authenticity of your documents.

Can I Appeal a Divorce Decision in Nepal?

Yes, you can appeal a divorce decision in Nepal if you disagree with the court’s judgment. Here’s what you need to know:

1. Time Limit: You must file an appeal within 35 days of receiving the district court’s decision.
2. Appellate Court: The appeal is filed with the High Court of the province where the district court is located.
3. Grounds for Appeal: You need to explain why you think the district court’s decision was wrong. This could be due to misinterpretation of law, overlooking important evidence, or procedural errors.
4. New Evidence: Generally, you can’t introduce new evidence in an appeal unless it wasn’t available during the original trial.
5. Legal Representation: It’s highly advisable to have a lawyer for the appeal process, as it involves complex legal arguments.
6. Final Decision: The High Court’s decision on the appeal is usually final, though in rare cases, a further appeal to the Supreme Court may be possible.

Remember that appealing a divorce decision can prolong the process and increase legal costs, so it’s important to consider carefully whether an appeal is necessary.

Read More:

• Does a Man Get Half in a Divorce in Nepal
• Women Divorce Law in Nepal
• Divorce Law in Nepal
• Divorce Process in Nepal Updated

What are the Common Challenges in the Divorce Process in Nepal?

The divorce process in Nepal can present several challenges:

1. Emotional Stress: Divorce is emotionally difficult, which can affect decision-making and communication.
2. Cultural Stigma: In Nepal, divorce still carries some social stigma, which can add pressure to the process.
3. Property Division: Dividing joint assets fairly can be complicated, especially with complex properties or businesses.
4. Child Custody Disputes: Determining child custody and visitation rights often leads to heated disagreements.
5. Alimony Negotiations: Deciding on fair spousal support can be challenging, especially with income disparities.
6. Legal Complexities: Understanding and navigating the legal system can be difficult without proper guidance.
7. Delays: Court backlogs and uncooperative spouses can cause significant delays in the process.
8. Financial Strain: Legal fees and potential lifestyle changes can create financial stress.
9. Documentation Issues: Gathering all necessary documents, especially for long marriages, can be time-consuming.
10. Reconciling Traditional and Modern Views: Balancing traditional Nepalese values with modern legal principles can be challenging.

Can I Change Lawyers During the Divorce Process in Nepal?

Yes, you can change lawyers during the divorce process in Nepal. Here’s what you need to know:

1. Right to Choose: You have the right to change your legal representation at any point during the divorce process.
2. Notify the Court: If you change lawyers, you must inform the court and your spouse (or their lawyer) about the change.
3. Transfer of Files: Your previous lawyer should transfer all case files to your new lawyer to ensure continuity.
4. Potential Delays: Changing lawyers mid-process might cause some delays as the new lawyer familiarizes themselves with your case.
5. Financial Considerations: Be aware that changing lawyers may involve additional costs, as the new lawyer will need to review the entire case.
6. Timing: Try to avoid changing lawyers just before important hearings or deadlines, as this could negatively impact your case.
7. Clear Communication: Clearly communicate your reasons for changing lawyers to ensure the new lawyer can address your concerns.

While changing lawyers is possible, it’s generally advisable to choose your lawyer carefully at the beginning to avoid disruptions in your case.

In conclusion, while the divorce process in Nepal can be complex, understanding these key aspects can help you navigate it more effectively. Always seek professional legal advice for your specific situation to ensure your rights are protected throughout the process.

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