Divorce Rules in Nepal

Divorce in Nepal is governed by Chapter 3 of the National Civil Code, 2017. This article explains about divorce rules in Nepal. Chapter 3 of the National Civil Code, 2017 outlines how divorce can be obtained, the rights of both spouses, and how property and alimony, are handled as per the divorce law of Nepal. 

Divorce by Mutual Consent (Section 93)

It allows a husband and wife to divorce at any time by mutual agreement. No specific reason or fault is required, and the court does not investigate the cause. Once both spouses file a joint petition, the court grants the divorce, making it the simplest and fastest way to end a marriage in Nepal.

Divorce by Husband (Section 94)

1. Wife lives separately for 3+ years without husband’s consent (except after legal partition).
2. Wife deprives husband of maintenance or expels him.
3. Wife causes grievous hurt or severe physical/mental pain.
4. Wife engages in sexual relations with another person.

Divorce by Wife (Section 95)

1. Husband lives separately for 3+ years without wife’s consent (except after legal partition).
2. Husband deprives wife of maintenance or expels her.
3. Husband causes grievous hurt or severe physical/mental pain.
4. Husband marries another woman.
5. Husband engages in sexual intercourse with another woman.
6. Husband rapes the wife.

How to File for Divorce (Section 96)

To file for divorce, a spouse seeking divorce shall file a petition in the concerned district court.

Court’s Attempt to Reconcile the Couple (Section 97)

Before granting the divorce, the court will attempt reconciliation by counseling the couple through mediation process and encouraging them to reconcile and stay together.

Granting of Divorce (Section 98)

• If reconciliation fails, the court will grant the divorce.
• Mutual Agreement: Divorce granted immediately if both spouses agree.
• Disagreement: If one spouse disagrees, divorce will be granted after one year from filing the petition.

Property Division before Divorce (Section 99)

1. Wife’s Claim on Property if Husband is Responsible for Divorce

• If the husband is responsible for the divorce, the wife can claim her share of his property before the divorce is finalized. 

2. Wife’s Claim Due to Abuse, Bigamy, or Infidelity

• If the wife files for divorce due to abuse, bigamy, or infidelity by the husband, she is entitled to a share of the property.

3. Division of Property in Common

• 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.

4. Ancestral Property

• If the husband has not yet received his share of ancestral property, the court will first ensure that the husband’s share is divided before the wife receives her share.

5. Alimony During Delayed Property Division

• If the division of property takes time, the court may order the husband to provide alimony (financial support) to the wife until the property is divided.

Note: If the wife remarries before the property is divided, she loses her right to claim any share of the property. This serves as a deterrent to prevent the wife from remarrying before the legal process of property division is completed. If she remarries, she forfeits any claim to the property that was meant to be divided between the spouses.

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Alimony Instead of Property (Section 100)

A wife may choose to receive a lump sum payment or monthly/annual alimony instead of a share in the property after divorce.

Note: If she remarries, she will no longer receive alimony.

To file for divorce in Nepal, both parties must be of legal age. This means they should be at least 18 years old. This rule ensures that only adults can make such important decisions about their marital status.

Maintenance Costs for the Wife (Section 101)

• If the husband has no property but earns an income, the court may order him to pay monthly maintenance to his wife.
• If the wife earns more than the husband, she cannot claim maintenance.
• If the wife remarries, she will no longer receive maintenance.

Divorce Based on Mutual Agreement (Section 102)

If the husband and wife have an agreement about property or alimony before divorce, the court will honor that agreement. However, any agreement that harms the rights of minor children will be invalid.

Property Rights after Divorce (Section 103)

• If a divorced woman dies, her children inherit her property.
• If she has no children, her former husband inherits the property she received from him.
• Any other property she owns will go to her maternal family.

Time Limit to File a Case (Section 104)

If someone is dissatisfied with a divorce decision, they must file a legal complaint within three months from the date they became aware of the issue.

Conclusion

In conclusion, understanding the divorce rules in Nepal is crucial if you’re considering ending your marriage. While the process can be complex, knowing your rights and responsibilities can help you navigate it more effectively. Always consider seeking legal advice to ensure you’re following all the necessary rules and protecting your interests throughout the divorce process.

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