Divorce law in Nepal has experienced substantial changes since the enactment of the Civil Code (Muluki Civil Code) in 2017 (B.S. 2074), which went into effect on August 17.
These revisions replaced older rules from the previous Muluki Ain, establishing a more modern, gender-neutral, and unified legal framework for marriage and divorce.
Changes in divorce legislation include new rights, grounds, and procedures for individuals and couples who are separating. If you want to know how the “new divorce law in Nepal” works, whether you’re a lawyer, spouse, or legal advisor, this book will lead you through it all: the legal foundation, grounds for divorce, the process, property distribution, maintenance, and practical advice.
Divorce law in Nepal has experienced substantial changes since the enactment of the Civil Code (Muluki Civil Code) in 2017 (B.S. 2074), which went into effect on August 17.
These revisions replaced older rules from the previous Muluki Ain, establishing a more modern, gender-neutral, and unified legal framework for marriage and divorce.
Changes in divorce legislation include new rights, grounds, and procedures for individuals and couples who are separating. If you want to know how the “new divorce law in Nepal” works, whether you’re a lawyer, spouse, or legal advisor, this book will lead you through it all: the legal foundation, grounds for divorce, the process, property distribution, maintenance, and practical advice.
Legal Framework: The Civil Code 2074 (2017).
The Legal Shit
Divorce rules under the former government (the earlier Muluki Ain) were less uniform, often discriminatory, and out of date. The new Civil Code established a single, unified rule governing marriage, divorce, property, and family ties, regardless of religion, caste, or gender.
Sections 93 to 104 of the Civil Code are specifically concerned with divorce issues.
Key Benefits of the New Law
Both spouses (husband and wife) have equal legal standing in divorce—there are no unique regulations for men and women.
The process is expedited, with opportunities for mediation and cooling-off periods.The shift in law
Divorce rules under the former government (the earlier Muluki Ain) were less uniform, often discriminatory, and out of date. The new Civil Code established a single, unified rule governing marriage, divorce, property, and family ties, regardless of religion, caste, or gender.
Sections 93 to 104 of the Civil Code are specifically concerned with divorce issues.
It permits divorce by mutual consent (where both spouses agree) as well as disputed divorce.
The process has been streamlined to include mediation, cooling-off periods, and clearer reasons.
The Code provides clearer regulations for property, maintenance, child custody, and other consequences.
The scope of the law
Because family law parts of marriage/divorce are now covered by civil law, they are applicable to all Nepalese citizens, regardless of religion (Hindu, Buddhist, Muslim, Christian, etc).
Many former personal laws or customary practices in this sector have been replaced.
Important information for anyone seeking or advising on divorce in Nepal.
Divorce grounds under the new law
Mutual consent divorce, as well as fault-based or contentious divorce, are recognised by law. Let’s look at each one.
Divorce with Mutual Consent
Under the new law, partners who mutually agree to end their marriage may petition for divorce.
If both couples agree on property distribution, child custody, support, and other issues, this is frequently a faster, less combative way.
Divorce Without Consent (Contested/One-Sided Divorce).
When one spouse want to divorce and the other refuses, the law permits the petitioner to seek divorce on specific reasons. The key grounds are as follows:
Grounds for husband filing (wife as respondent)
The wife has lived separately for three or more years without reasonableMutual consent divorce, as well as fault-based or contentious divorce, are recognised by law.
Divorce Procedures Under New Law
Understanding the procedure is critical for making good decisions and avoiding mistakes.
Filling and Jurisdiction
A divorce petition (mutual or disputed) is filed in the District Court where the spouses last resided together or where the respondent now resides.
The grounds (for contesting) or parameters of mutual agreement must be explicitly stated in the petition.
Mediation/Reconciliation & Cooling-Off
In many divorce proceedings, the law requires mediation or reconciliation efforts to provide couples an opportunity to reconcile before the final divorce.
In some circumstances, a cooling-off period (typically up to a year) may apply before a final decision is made.
Grounds for husband to file (wife as respondent)
- The wife has been living separately for three or more years without a credible explanation.
- The wife engaged in adultery/extramarital sexual encounters (proven).
- The woman has inflicted or conspired to cause substantial physical or mental suffering on her husband.
- The woman has denied the husband maintenance or ejected him from the home.
Grounds for wife filing (husband as respondent)
- The spouse has married another woman (polygamy) or resides with another woman as a wife.
- The husband has been living separately for three or more years, with no maintenance or communication.
- The husband has engaged in rape or unnatural sexual actions (or other major offences) against his wife.
summons and the respondent’s appearance
The respondent spouse receives a summons from the court. If they fail to present, the court may proceed ex parte.
The respondent has the option to file a response or defence.
Evidence and hearing
- In contested instances, the petitioner must offer facts, witnesses, and documents.
- The respondent is allowed to cross-examine and present counter-evidence.
- The court determines if the grounds are adequately demonstrated.
Divorce decrees and judgements
- If the court is satisfied, it will award the divorce decree.. The marriage is legally terminated as of that date.
- Property division, maintenance, and child custody issues are being addressed.
- Property division and maintenance orders (interim)
- If one of the spouses is financially disadvantaged, the court may grant interim maintenance orders during the proceedings.
- Property distribution (see the following section) must be completed prior to or concurrently with the divorce decree.
After-Divorce Formalities
- Divorce registration, marital status updates, name changes (if required), asset division, custody arrangements, and so on.
- Keep a certified copy of the divorce decree.
Practical Tips
- Engage a knowledgeable divorce/family law attorney; the procedural elements (jurisdiction, documents, and timelines) are important.
- Ensure that both spouses’ addresses, citizenship, and marriage registration documents are in order.
- If the claim is contested, gather proof such as separation, infidelity, violence, abandonment, and so on.
- Consider whether property and custody settlements are possible during mediation.
- Interim maintenance orders may be crucial; do not wait until the final ruling for financial assistance.
Property Division, Maintenance, and Child Custody Under New Divorce Laws
These are frequently the most contentious issues of divorce, and the Civil Code places a high priority on them.
Division of Property
- The new law highlights equal rights for both spouses when it comes to marital property.
- “Joint property” obtained by either spouse during marriage is normally divided equally unless there are legal reasons to do otherwise.
- However, if a spouse is judged to be at fault (for example, infidelity, the other spouse’s expulsion, or torture), the court may deny or diminish their right to property.
- Separate or inherited property may not be divided equally unless it can be demonstrated that it was co-invested or changed into joint property.
- Property settlement, appraisal, contribution documents, ownership, and acquisition date all have practical implications.
- The law mandates monthly support for needy spouses and children during and after divorce, known as maintenance (alimony).
The court can impose interim orders prior to ultimate settlement, which can be lifesaving.
If a spouse remarries or earns a better income, maintenance responsibilities may change.
Child Custody and Support
- The wellbeing and best interests of the kid are paramount.
- Depending on the child’s age, welfare, and circumstances, the court may provide physical custody (care and residence) and legal custody (decision-making) to either parent.
- In general, younger children may remain with their mother, but the court considers capability, environment, the child’s maturity, and other criteria.
- The non-custodial parent’s child support (financial obligations) is legally enforceable.
- These concerns must be settled concurrently with or shortly after the divorce decree to protect children’s rights and avoid transitional disruption.
The Impacts and Practical Effects of the New Divorce Law
Increase in divorce filings
After the Civil Code went into effect, numerous courts observed an upsurge in divorce filings, notably by husbands, which was less usual under the previous regime.
For example, in one district in Nepal, there was a significant increase in instances soon after the new law went into force.
Increased gender equity
- The law understands that either spouse can be the victim of cruelty, desertion, or assault.
- Fault-based grounds are now proportional.
- Equal property rights indicate a significant departure from hierarchical customs.
Legal Interpretation and Challenges
- Courts are still evaluating new grounds (for example, what constitutes “three years separation” or “reasonable cause”).
- Take note of the Supreme Court’s caution: simple separation does not always justify divorce.
- Collecting evidence (of brutality, abandonment, and infidelity) remains difficult.
- It is essential to have legal representation. An experienced Nepalese family law advocate can provide advice on jurisdiction, reasons, strategy, and settlement negotiations.
Frequently Asked Questions
Can a spouse petition for divorce because he and his wife do not get along?
Not so straightforward. Contested divorce requires legally accepted grounds (such as three years’ separation, cruelty, or adultery) or mutual consent. Disagreement alone is usually insufficient.
The Supreme Court has ruled that a technical interpretation of “three years separation” is inadequate without establishing an inability to live together.
Divorce grounds under the new law.
Mutual consent divorce, as well as fault-based or contentious divorce, are recognised by law. Let’s look at each one.
Divorce with Mutual Consent
Under the new law, partners who mutually agree to end their marriage may petition for divorce.
If both couples agree on property distribution, child custody, support, and other issues, this is frequently a faster, less combative way.
Divorce grounds under the new law
Mutual consent divorce, as well as fault-based or contentious divorce, are recognised by law. Let’s look at each one.
Divorce with Mutual Consent
Under the new law, partners who mutually agree to end their marriage may petition for divorce.
If both couples agree on property distribution, child custody, support, and other issues, this is frequently a faster, less combative way.
Divorce Without Consent (Contested/One-Sided Divorce)
When one spouse want to divorce and the other refuses, the law permits the petitioner to seek divorce on specific reasons. The key grounds are as follows:
Grounds for husband filing (wife as respondent)
The wife has lived separately for three or more years without reasonableMutual consent divorce, as well as fault-based or contentious divorce, are recognised by law.
Divorce Procedures Under New Law
Understanding the procedure is critical for making good decisions and avoiding mistakes.
Filling and Jurisdiction
A divorce petition (mutual or disputed) is filed in the District Court where the spouses last resided together or where the respondent now resides.
The grounds (for contesting) or parameters of mutual agreement must be explicitly stated in the petition.
Mediation/Reconciliation & Cooling-Off
In many divorce proceedings, the law requires mediation or reconciliation efforts to provide couples an opportunity to reconcile before the final divorce.
In some circumstances, a cooling-off period (typically up to a year) may apply before a final decision is made.
Grounds for husband to file (wife as respondent)
The wife has been living separately for three or more years without a credible explanation.
The wife engaged in adultery/extramarital sexual encounters (proven).
The woman has inflicted or conspired to cause substantial physical or mental suffering on her husband.
The woman has denied the husband maintenance or ejected him from the home.
Grounds for wife filing (husband as respondent)
The spouse has married another woman (polygamy) or resides with another woman as a wife.
The husband has been living separately for three or more years, with no maintenance or communication.
The husband has engaged in rape or unnatural sexual actions (or other major offences) against his wife.
summons and the respondent’s appearance
The respondent spouse receives a summons from the court. If they fail to present, the court may proceed ex parte.
The respondent has the option to file a response or defence.
Evidence and hearing
In contested instances, the petitioner must offer facts, witnesses, and documents.
The respondent is allowed to cross-examine and present counter-evidence.
The court determines if the grounds are adequately demonstrated.
Divorce decrees and judgements
- If the court is satisfied, it will award the divorce decree.. The marriage is legally terminated as of that date.
- Property division, maintenance, and child custody issues are being addressed.
Property division and maintenance orders (interim)
- If one of the spouses is financially disadvantaged, the court may grant interim maintenance orders during the proceedings.
- Property distribution (see the following section) must be completed prior to or concurrently with the divorce decree.
After-Divorce Formalities
- Divorce registration, marital status updates, name changes (if required), asset division, custody arrangements, and so on.
- Keep a certified copy of the divorce decree.
Practical Tips
- Engage a knowledgeable divorce/family law attorney; the procedural elements (jurisdiction, documents, and timelines) are important.
- Ensure that both spouses’ addresses, citizenship, and marriage registration documents are in order.
- If the claim is contested, gather proof such as separation, infidelity, violence, abandonment, and so on.
- Interim maintenance orders may be crucial; do not wait until the final ruling for financial assistance.
Property Division, Maintenance, and Child Custody Under New Divorce Laws
These are frequently the most contentious issues of divorce, and the Civil Code places a high priority on them.
Division of Property
- The new law highlights equal rights for both spouses when it comes to marital property.
- “Joint property” obtained by either spouse during marriage is normally divided equally unless there are legal reasons to do otherwise.
- However, if a spouse is judged to be at fault (for example, infidelity, the other spouse’s expulsion, or torture), the court may deny or diminish their right to property.
- Separate or inherited property may not be divided equally unless it can be demonstrated that it was co-invested or changed into joint property.
- Property settlement, appraisal, contribution documents, ownership, and acquisition date all have practical implications.
- The law mandates monthly support for needy spouses and children during and after divorce, known as maintenance (alimony).
- The court can impose interim orders prior to ultimate settlement, which can be lifesaving.
- If a spouse remarries or earns a better income, maintenance responsibilities may change.
Child Custody and Support
- The wellbeing and best interests of the kid are paramount.
- Depending on the child’s age, welfare, and circumstances, the court may provide physical custody (care and residence) and legal custody (decision-making) to either parent.
- In general, younger children may remain with their mother, but the court considers capability, environment, the child’s maturity, and other criteria.
- The non-custodial parent’s child support (financial obligations) is legally enforceable.
- These concerns must be settled concurrently with or shortly after the divorce decree to protect children’s rights and avoid transitional disruption.
Should you have any questions, please do not hesitate to contact us at +977-9847691209
Ms. Advocate Alpana Bhandari is the CEO of Divorce Lawyer Nepal. She focuses her practice on all elements of family law, including divorce, custody, and property division. She advises prospective clients on, among other things, foreign direct investment (FDI), planned investments, joint ventures, and corporate and individual legal counsel on business establishment, business purchase, sales, contract review, contract drafting, share transfer, and company agreements.