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Divorce Process In Nepal

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Divorce Process

The divorce procedure in Nepal differs based on whether one spouse files for divorce on their own initiative or whether both spouses agrees to the divorce (mutual consent). The National Civil Code, 2017 (2074), governs the procedure.

1. Mutual Consent Divorce

The divorce process is easier and quicker if both the husband and the wife consent to it. A husband and wife in their mutual consent may, in accordance with Section 93 of the NCC (National Civil Code Act 2074), start a divorce by submitting a divorce application to any district court of Nepal.

Steps:

  • Filing a Petition – The divorce petition must be filed in the relevant district court by either the husband or the wife.
  • The opposing party must respond to the petition the next day, stating that they consent to a divorce.
  • Verification by Court – The court makes sure the divorce is being agreed to voluntarily by both spouses.
  • The divorce certificate is granted by the court on the same day that the written response is submitted.

 If  both parties agree, a divorce case (with consent) can be resolved in two to three days.

2. Divorce Process Without Consent

If the divorce process is initiated without mutual consent, the following procedure must be followed:

  • The divorce action is filed by the husband or wife in the applicable district court.
  • Another party will receive notification of the divorce from the court.
  • Submit the reply of a petition by the receiving party.
  • The court will typically request mediation at least once prior to the decision-making process. Typically, the mediation procedure lasts approximately one month.
  • Examination of witnesses and any court orders that are required.
  • Decision from the Court.
  • Execution of the court's decision.

The court must make a decision regarding the division of property between the husband, wife, and children during the divorce process. Wife has right to exempt the property if she does not wish to take the property from husband.

3. Governing Law

In Nepal, divorce is governed under the National Civil Code Act 2074 .

4. Grounds for filing divorce in Nepal

a) Husband may affect divorce on following grounds:
  • If the wife has lived apart from her husband for three or more years in a row without his approval,
  • If the wife deprives the husband of maintenance costs or expels him from the house,
  • If the wife commits an act or conspiracy likely to cause the grievous hurt or other severe physical or mental pain to the husband in her,
  • If the wife is proved to have made sexual relation with another person.

However, husband is not liable to provide the property to his wife if husband is able to prove the following:

  • If his wife has made sexual relation with another man
  • If wife commits an act or conspiracy likely to cause the grievous hurt or other severe physical or mental pain to the husband
  • If wife expels husband from house.
b) Wife may affect divorce on following grounds:
  • If the husband has been living separately for 3(Three) years or more consecutively, without consent of the wife,
  • If the husband deprives the wife of maintenance costs or expels her from home,
  • If the husband engages in an action or plot that could cause the wife great distress or other extreme physical or emotional suffering,
  • If the husband gets married with other women,
  • If the husband is proved to have made sexual intercourse with another woman,
  • If the husband is proved to have marital raped his wife.

5. Documents required for the divorce

The following documents are required to initiate the divorce in Nepal:

  • A copy of citizenship of both husband and wife
  • A copy of marriage registration certificate (if not then, photos of marriages conducted through rituals shall work)
  • A copy of birth certificate (in case of children under 16) or citizenship certificate
  • 2 copies of passport size photos of husband and wife

6. Divorce for person living outside Nepal

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Without physically being in Nepal, a Nepali citizen or a foreign national residing overseas may seek for divorce in Nepal. To execute an Authorized Power of Attorney (“POA”), one must obtain approval from the Nepali Embassy in the foreign nation. The court will then register the divorce application based on the original POA, which must be presented in Nepal.

7. Partition of Property During Divorce

The parents are required by the applicable legislation to divide the property equally between the husband, wife, and children. Additionally, the law currently in effect gives the wife the ability to demand alimony from her husband in order to pay for monthly expenses based on his income and assets until the partition is finalized. In Nepal, a wife may take property in cash or in one lump amount throughout the divorce procedure.

8. Custody of children after divorce

  • Below 5 years- Mother will be responsible either she concludes another marriage or not.
  • Above 5 years- In the case of a minor above five years of age, except where the mother has concluded another marriage, under the custody of the mother, if she so desires.
  • After the Completion of 10 years- The opinion of the minor has to be obtained.

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After the divorce is finalized, both the husband and wife are free to marry someone else.

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