Divorce lawyer in Nepal : Quick Guide on Divorce Process

Bhandari Law and Partners has best divorce lawyer in Nepal. The law firm have professional lawyers to address the matter of divorce law in Nepal. Before strating the divorce clients should note the following factors.

a. Either Client want to do divorce on mutual consent or 

b. Intiation of Divorce without mutal consent. 

 

It shall take a 3 to 5 days to complete the divorce process on mutual consent where as it may take 10 to 12 months tentative time sometimes even more in case of divorce without mutual consent. So the above mentioned consideration is most important. Even divorce on consent can be obtained during  the course of case proceeding before court even parties agrees. 

 

During client consultation our divorce lawyer of Nepal finds the misconception regarding the initiation of divorce in Nepal.  Most of the clients make the query that without wife consent husband cannot do divorce, this perception is wrong. Divorce can be initiated either by husband or wife. The divorce law of Nepal has no restriction on the same.

 

A. Husband may affect divorce on following grounds:

a. If the wife has been living separately for 3(Three) or more consecutive years, without consent of the husband,

b. If the wife expels her husband from the house or deprives the husband of maintenance costs,

c. If the wife commits an act or conspiracy likely to cause the grievous hurt or other severe physical or mental pain to the husband,

d. If the wife is proved to have made sexual relation with another man.

 

Please note husband is not liable to provide the property to his wife if husband is able to prove the following:

a. that his wife has made sexual relation with another man or

b. wife commits an act or conspiracy likely to cause the grievous hurt or other severe physical or mental pain to the husband or

c. Wife if expels husband from house. 

 

B. Wife may affect divorce on following grounds: 

Pursuant to section 95 of NCC, the wife may file the divorce. Under the following conditions, wife may affect the divorce:

a. If the husband has been living separately for 3(Three) years or more consecutively, without consent of the wife or

b. If the husband deprives the wife of maintenance costs or expels her from home or

c. If the husband commits an act or conspiracy likely to cause grievous hurt or other severe physical or mental pain to the wife or

d. If the husband gets married with other women or

e. If the husband is proved to have made sexual intercourse with another woman or

f. If the husband is proved to have marital raped his wife.

 

 

Divorce can be initated on consent and has to follow folling procedure : 

 

 

 

Our divorce lawyer in Nepal , take around a 3 to 5 days to complete the divorce upon the receipt of requested documents. 

 

 

 

Following process has to be followed for filing the divorce case without consent: 

 

 

 

Following documents are required to intiate the divorce process : 

 

S.N.	Documents required
1.	A copy of citizenship of both husband and wife
2.	A copy of marriage registration certificate (if not then, photos of marriages conducted through rituals shall work)
3.	A copy of birth certificate (in case of children under 16) or citizenship certificate
4.	2 copies of passport size photos of husband and wife

 

Generally person may not have proper understanding of divorce law in Nepal.  To make them out from the confusion divorce lawyers role comes into play. During the divorce process in Nepal, the issue related to (i) division of property, (iii) child custody, (iii) alimony and (iv) sometime issue of domestic violence also comes. Their expertise in this field allows divorce lawyer in Nepal to provide advice and representation of the dispute.

 

Moreover, many divorce lawyer in Nepal have extensive experience dealing with diverse cases, this experience equips them with the knowledge and skills necessary to navigate even the most challenging divorce scenarios. Divorce lawyers  assist clients in understanding the necessary paperwork, filing petitions with the appropriate court, and adhering to procedural requirements throughout the process.From drafting divorce petitions to gathering evidence and presenting arguments in court, these legal professionals handle all aspects of the legal proceedings on behalf of their clients. Their goal is to ensure that the divorce process is conducted efficiently and effectively, with the best interests of their clients in mind.

 

In many cases, divorce lawyer in Nepal also facilitate mediation and negotiation between spouses to reach a mutually acceptable settlement outside of court. Through mediation, they help parties identify common ground, communicate effectively, and resolve disputes amicably.

 

Bhandari Law and Partners have some best divorce Lawyer in Nepal capable of representing the complex case and sucessfully complete the divorce case in Nepal. 

 

 

 

Date of Publication: 21 March 2024

 

Disclaimer: Bhandari Law and Partners is one of the leading law firm in Nepal  with team of best professional lawyers in Nepal.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.