Divorce Process in Nepal : Latest Divorce Law in Nepal 2024

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

 

Divorce can be conducted:

a) Either through the Mutual Consent Between Husband and Wife or

b) Conducting Divorce through husband or wife without consent.

 

Note: Divorce process can be initiated either through husband or wife. There is no restriction on the same.

 

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

 

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. Following procedures are being followed while divorce is done in mutual consent of husband and wife:

 

 

 

Timeline:

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

 

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

• Step 1: Filing the divorce case by husband or wife before the applicable district court.

• Step 2: The Court will provide the notice of divorce to another party.

• Step 3: Submit the reply of a petition by the receiving party.

• Step 4: As a matter of practice, the court will send for the mediation at least once before the decision-making process. Generally, one month time is provided for the mediation process

• Step 5: Witness examination and necessary order from the court.

• Step 6: Decision from the Court.

• Step 7: Implementation of Decision from the Court.

 

 

*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.

 

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.

 

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

 

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. 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 granted either to relatives, friends, Lawyers or any person living in Nepal to initiate the case.

 

The applicable law has made an obligation to the parents for the partition of the property among husband, wife and children equally. Also, existing law provides right to wife to claim to claim the alimony form her husband to cover the monthly expenses on the basis of husband's income and property until the partition is affected. During the divorces process of divorce in Nepal wife can take property in cash in hand or property in lump sum.

 

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 husband and wife has been legally ended, the obligation of father and mother towards children remain exist. The property of children may remain with father or mother after the partition of property.

 

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.

 

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.

 

 

Date of Publication: 10 January 2023

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