Divorce Process in Nepal | Complete 2026 Guide to Divorce Law in Nepal

Marriage in Nepal can be legally dissolved only through a court process. Whether both spouses agree to separate or only one party wants to end the marriage, the divorce process in Nepal must go through a District Court. This guide explains the governing law, step-by-step procedures, required documents, grounds for divorce, timelines, and what happens to property and children after divorce.

Bhandari Law & Partners has represented clients across mutual-consent and contested divorce cases in Nepal, including cases filed by Nepali citizens and foreign nationals living abroad. Divorce can be initiated by either the husband or the wife — there is no restriction on who may file.

The National Civil Code (Muluki Dewani Samhita), 2074 (2017) ("NCC") is the primary law governing divorce in Nepal. It sets out the grounds for divorce, the procedure for both mutual-consent and contested cases, and the rules for property partition, alimony, and child custody following separation.

Divorce in Nepal can take one of two forms:

1. Divorce by mutual consent — both husband and wife agree to end the marriage.
2. Divorce without consent — one spouse files against the other's wishes, based on specific legal grounds.

Under Section 96 of the NCC, a husband and wife who mutually agree to divorce can file jointly (or one files and the other confirms) at the concerned District Court.

The following procedure is followed when a divorce is obtained by mutual consent of the husband and wife:

Step 1: Either the husband or wife shall file a divorce petition in the concerned District Court along with the required documents.

Step 2: The other party should reply to the petition on the next day, confirming that he/she agrees to the divorce by mutual consent.

Step 3: The Court shall issue the divorce certificate on the same day the written reply is submitted.

Timeline:

Divorce case in mutual understanding can be completed within 2 to 3 days.

When only one spouse wants the divorce, the process is longer and involves several procedural stages under the NCC.

Step-by-Step Contested Divorce Procedure

1. Filing the Petition – The husband or wife files a divorce petition at the concerned District Court, stating the legal grounds for divorce.
2. Notice to the Other Party – The Court issues a formal notice of the divorce case to the other spouse.
3. Reply from the Receiving Party – The receiving spouse submits a written reply to the petition.
4. Mediation – As a matter of practice, the Court refers both parties to mediation at least once before proceeding further. Mediation is generally allowed one month to conclude.
5. Witness Examination – If mediation fails, the Court examines witnesses and issues any necessary interim orders.
6. Court's Decision – The Court issues its final decision on the divorce.
7. Implementation – The Court's decision is implemented, including partition of property where applicable.

Property Partition During the Process

During a contested divorce, the Court must also decide how to divide property between husband, wife, and children. A wife has the right to waive her share of the property if she chooses not to claim it.

Timeline

A contested divorce in Nepal without mutual consent generally takes 12 to 14 months, though straightforward cases may conclude closer to 9–12 months depending on the district court's caseload and whether mediation succeeds.

Nepali law requires that property be partitioned equally among the husband, wife, and children upon divorce. Until the partition is completed, the wife has the right to claim alimony from her husband to cover her monthly expenses, based on his income and property.

A wife may receive her share of the property either as a cash lump sum or as a share of property, or she may choose to waive her claim entirely.

Both the mother and father of children can take care of the children after the divorce. Law has recognized the following for the custody of children:

Note: Despite the matrimonial relationship between the husband and wife being legally terminated, the obligations of both parents toward their children continue to exist. The children's property may remain with either the father or the mother after the partition of the property.

Once a marriage is registered, it can only be dissolved through the court process described above. Once the divorce is finalized, both spouses are free to remarry.

After the Court grants the divorce certificate, one of the parties must register it at the ward office where the original marriage was registered. This step formally updates the civil record and is required before either party can remarry or use the divorce certificate for other legal purposes.

A divorce certificate issued by a Nepali court is recognized internationally. If you need to use your divorce certificate/document in a foreign jurisdiction, it should be authenticated through the following steps:

1. Notarization at the Department of National Personal Record (Rastriya Kitabkhana).
2. Attestation from the Ministry of Foreign Affairs, Government of Nepal.

Our team at Bhandari Law & Partners handles this entire notarization and attestation process for clients who need their divorce documents recognized outside Nepal.

Date of Publication: 10 January 2023

Disclaimer:  Bhandari Law and Partners is one of the leading law firm in Nepal with team of best professiona lawyers This article published on website of the law firm is just for information purpose only. It shall not be taken as the legal advice, advertisement, personal communication, solicitation or inducement. Bhandari Law and Partners or any of the team members of the firm shall not be liable for the consequence arising of the information provided. As the factual situation may be different on your case, thereof if you need further legal advice on the subject matter, please Contact Us.

Read our detailed guide on family law in Nepal