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Family Law

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Family Law In Nepal

Family law governs legal matters related to family relationships — including marriage, divorce, child custody, inheritance, adoption, and property rights within the family. In Nepal, family law is deeply influenced by civil law, customary practices, and evolving legal reforms.

1. Marriage Laws
image of marriage contract and wooden judge's gavel

Marriage in Nepal is regulated by the National Civil (Code) Act, 2017 (2074). For a marriage to be legally recognized:

  • Both parties must consent.

  • Minimum age is 20 for both men and women (with or without parental consent).

  • Polygamy is prohibited.

  • Marriage can be registered at the local ward office for legal recognition.

2. Child Custody and Guardianship

Custody decisions prioritize the best interest of the child:

  • Generally, children under 5 are given to the mother unless proven unfit.

  • After 5, custody is determined based on the child’s well-being, financial security, and emotional stability.

  • The law allows for joint custody or visitation rights as applicable.

pic of family in gavel on table
3. Divorce Laws
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Divorce in Nepal can be initiated by either spouse:

  • A husband may file for divorce under certain grounds like abandonment or incompatibility.

  • A wife can file for divorce on broader grounds, including abuse, abandonment, or failure to provide.

  • Mutual divorce is also permitted.

  • Legal provisions ensure alimony, child custody, and division of property post-divorce.

4. Adoption Law

Nepal allows both national and international adoption:

  • Governed by the Civil Code 2017 and Child Rights Act 2018.

  • Legal adoption requires court approval and adherence to age/gender guidelines.

  • Foreigners can adopt through a formal process supervised by the Ministry of Women, Children, and Senior Citizens.

image of The-Climate-of-Adoption and and pic of family
5. Property and Inheritance Rights
pic of land encroachment and wooden judge's gavel

Nepal allows both national and international adoption:

  • Governed by the Civil Code 2017 and Child Rights Act 2018.

  • Legal adoption requires court approval and adherence to age/gender guidelines.

  • Foreigners can adopt through a formal process supervised by the Ministry of Women, Children, and Senior Citizens.

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