Divorce Process in Nepal through Mutual Consent: Easy Guide

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.

 

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

 

 

 

It shall take 2 to 3 days for completion of divorce process in Nepal through 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

 

 

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. 

 

 

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

 

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.

 

If either of the parties wants to use that divorce certificate in foreign jurisdiction, it would be better if such document is attested from Ministry of Foreign Affairs of Nepal. For the same. the interested party,

 

a. Firstly, need to translate that certificate in English Language and get notarized from Department of National Personal Record, i.e. Rastriya Kitabkhana

b. Secondly, that notarized document must be authenticated from Ministry of Foreign Affairs of Nepal.

 

Publication: 11 April, 2025