This article explains the legal procedures for filing for divorce in Nepal. Once the marriage is conducted, the marital relationship can be terminated only through divorce by submitting an application to the court.

Divorce can be conducted:

a) Either through mutual consent between husband and wife, or

b) By conducting divorce through the husband or wife without consent.

Bhandari Law & Partners Law Firm provides fast and the best service on divorce process

Note: Divorce process can be initiated either through the husband or wife. There is no restriction on the same. Bhandari Law & Partners Law Firm provides fast and the best service on divorce process

2. Governing Law

National Civil Code Act 2074 ("NCC") is the governing law for the divorce in Nepal.

3. Procedure of Divorce in Nepal (With Consent)

Pursuant to Section 93 of NCC, husband and wife, in their mutual understanding, can initiate divorce by filing the divorce application before any district court of Nepal. The

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

Step 1:ither 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.

Procedure of Divorce in Nepal

Timeline:

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

4. Procedure of Divorce in Nepal (Without Consent)

The following procedure has to be followed for the divorce process if the divorce is initiated without mutual consent:

Step 1:

Filing the divorce petition by the husband or wife before the concerned District Court.

Step 2:

The Court will issue a notice of divorce to the other party.

Step 3:

The receiving party shall submit a reply to the petition.

Step 4:

As a matter of practice, the Court will refer the parties to mediation at least once before making a decision. Generally, one month is provided for the mediation process.

Step 5:

Witness examination and issuance of the necessary orders by the Court.

Step 6:

The Court will issue its decision.

Step 7:

Implementation of the Court's decision.

For a detailed guide on mutual consent divorce, read this article

*Note:

During the divorce process the court needs to decide on the matter of partition of property among the husband, wife and children. Wife has right to exempt the property if she does not wish to take the property from husband.

Timeline:

Generally it takes 9 to 12 months for completion of divorce in Nepal without mutual consent.

5. Grounds for the initiation of divorce in Nepal

A. Grounds on Which the Husband May File for Divorce

Pursuant to Section 95 of the NCC, the husband may file for divorce on the following grounds:

If the wife has been living separately for three (3) or more consecutive years without the husband's consent;
If the wife expels the husband from the house or deprives him of maintenance expenses;
If the wife commits an act or conspiracy likely to cause grievous hurt or other severe physical or mental pain to the husband; or
If the wife is proved to have had sexual relations with another man.

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

The wife has had sexual relations with another man;
The wife has committed an act or conspiracy likely to cause grievous hurt or other severe physical or mental pain to the husband; or
The wife has expelled the husband from the house.

B. Grounds on Which the Wife May File for Divorce

Pursuant to Section 95 of the NCC, the wife may file for divorce on the following grounds:

If the husband has been living separately for three (3) years or more consecutively without the wife's consent;
If the husband deprives the wife of maintenance expenses or expels her from the home;
If the husband commits an act or conspiracy likely to cause grievous hurt or other severe physical or mental pain to the wife;
If the husband marries another woman;
If the husband is proved to have had sexual relations with another woman; or
If the husband is proved to have committed marital rape against his wife.

6. Documents required for the divorce

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

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

7. Special Condition for the Divorce for person living outside Nepal

A Nepali citizen or foreign citizen living abroad can file a divorce case in Nepal without being physically present in Nepal. The person must execute an Authorization Power of Attorney (POA) and have it authenticated by the respective Nepalese Embassy located in the foreign country. Thereafter, the original POA must be sent to Nepal. Based on the POA, the Court can register the divorce petition.

Note: The POA may be granted to a relative, friend, lawyer, or any other person residing in Nepal to initiate and represent the person in the divorce proceedings.

8. Partition of Property During Divorce

The applicable law requires the parents to partition the property equally among the husband, wife, and children. The existing law also provides the wife with the right to claim alimony from her husband to cover her monthly expenses, based on the husband's income and property, until the partition is effected.

During the divorce process in Nepal, the wife may receive her share of the property either in cash or as a lump-sum amount.

9. Custody of children after divorce

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:

S.N.	Age	Custody with
1.	Below 5 years	Mother will be responsible either she concludes another marriage or not.
2.	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.
3.	After the Completion of 10 years	The opinion of the minor has to be obtained.

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.

10. Remarriage

Once the marriage is registered marriage can be terminated only through court process. Both the husband and wife has right to marry with next person once the divorce is completed.

11. Divorce Process in Nepal through Mutual Consent

Depending on jurisdictions, there are various ways to dissolve the marital relationship. Among which, there are two ways for doing divorce in Nepal:

(a) Divorce with consent and

(b) Divorce through the decision of court (divorce without mutual consent).

Divorce procedure can be initiated by either husband or wife before the competent court of Nepal. In Nepal, divorce can be concluded only through Court. Usually, the time frame for the completion of divorce procedure requires at least 12 to 14 months in case of divorce without consent and up to 2 to 3 days in case of divorce with consent. Hence, this paper aims to explore the process of during divorce in Nepal through mutual consent of husband and wife.

12. Governing Law of Divorce in Nepal

The National Civil Code, 2017 (2074) is the law to govern divorce in Nepal.

13. Process of doing divorce thorough mutual consent in Nepal

Section 96 of the National Civil Code has allowed couple to get their relationship divorced by filing a petition in the concerned district court:

Step 1: Registration of the divorce case either by husband or wife at the concerned district court.
Step 2: Submit the written response of the case along with the agreement on consent
Step 3: Court shall approve the Consent Agrement for Divorce

For an overview of Nepal’s divorce laws, see our guide here

Mutual Consent Divorce Process in Nepal

14. Documents required to be submitted for divorce on mutual consent

Following document are required in order to intiate the divorce :

S.N.	Documents
1	Copy of Citizenship of both husband and wife
2	Copy of marriage registration certificate (if not, then photos of marriage conducted through the rituals or birth certificate of child or any related evidence)
3	Copy of birth certificate (in case of children under 16) or citizenship certificate of children
4	Two copies of passport size photos each of husband and wife

15. Divorce with mutual consent without visiting in Nepal

.

A Nepali Citizen or foreign citizen of Nepalese origin living abroad can file the divorce case in Nepal without their presence in Nepal. One need to execute Authorized Power of Attorney ("POA") and had to approve the same from the respective Nepal Embassy located at foreign country. After, the original POA has to be provided in Nepal, based on the same document court will register the application of divorce.

*Note: POA can be granted either to relatives, friends, lawyers or any person living in Nepal to initiate the case.

16. Partition of Property During Divorce with mutual consent

During the divorce process in Nepal, the wife can take property in cash in hand or property in lump sum or can do a divorce without taking property.

17. Obligation to record the divorce certificate

Once, the divorce certificate is granted by the court, one of the parties need to register the divorce certificate in that ward office where their marriage was previously registered.

18. Recognition of divorce in foreign country

The divorce certificate/document provided through the court is recognized worldwide. If the spouse wants to use the divorce certificate/document in foreign jurisdiction, then the best way to authenticate the marriage certificate is ((i) to notarized the certificate before Department of National Personal Record (Rastriya Kitabkhana) and (ii) after notarization do attestation from Ministry of Foreign Affairs of Nepal government. All these works can be well done by our divorce lawyers.

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

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Frequently Asked Questions

1. 1. What is the process of registration of divorce in Nepal with consent?

Pursuant to Section 93 of NCC, husband and wife in their mutual understanding can get divorced at any time. The following procedures are being followed while divorce is done in mutual understanding of husband and wife:

Divorce Process in Nepal

2. 2. What will be the timeline to complete the divorce with consent ?

The divorce in mutual understanding can be completed within 2 to 3 days.

3. 3. What is the process to register the divorce in Nepal, without mutual consent?

The following procedure has to be followed for the divorce process (without mutual consent divorce):

*Note:

During the divorce process the court needs to decide on the matter of partition of property among the husband, wife and children.

Wife has right to exempt the property if she does not wish to take the property from husband.

4. 4. What are the required documents to do divorce in Nepal?

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

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

5. 5. Shall it be possible for an individual living in abroad to file divorce in Nepal without his or her presence?

Yes, it is possible. A Nepali Citizen or foreign Citizen living abroad can file the divorce case in Nepal without their presence in Nepal. One need to execute Authorized Power of Attorney ("POA") and had to approve the same from the respective Nepal Embassy located at foreign country.

*Note: POA can granted either to relatives, friends, Lawyers or any person living in Nepal to initiate the case.

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