Divorce Lawyer Nepal hires some of the best divorce lawyers in Nepal who can handle financially complex divorce cases and secure a hassle-free divorce for their clients.
Free Legal Consultation.
Divorce Lawyer Nepal offers free legal consultations. During these sessions, we document the circumstances of the divorce and propose early solutions. Our Divorce Lawyers offer free legal advice.
Legal representation
Divorce lawyer Nepal, Law Firm in Nepal offers specialised legal representation throughout the divorce process. They represent their clients’ rights in negotiations and judicial proceedings. Divorce Lawyer Nepal Law firm employs experienced legal experts that are leading professionals in the divorce cases with higher rates of success.
Drafting legal documents (petition)
Divorce Lawyer Nepal, Lawyers assist in the preparation and submission of divorce petitions and other required legal paperwork. We are well-known for our high-quality legal documents and internationally recognised draughting team. We make sure that our clients are not overwhelmed with paperwork.
Mediation and Negotiation
Divorce lawyer Nepal help spouses mediate and negotiate. They intend to seek amicable settlements outside of court. Divorce Lawyer Nepal Law firm uses efficient bargaining techniques to attain favourable results for its clients.
Child custody and support
Divorce lawyer Nepal in Nepal also seek to protect their clients’ rights regarding child custody and support obligations. They also negotiate a reasonable support arrangement and a good custody agreement. The Divorce Lawyer Nepal, Law Firm conducts child custody issues with high rates of success.
Property Division
After the Mediation and Negotiation Process failed, a provision for property partition was made. As a Divorce Lawyer in Nepal, the Divorce Lawyer Nepal advocates for the equitable allocation of marital assets and properties in compliance with Nepalese law.
Alimony and spousal support
Spousal support, often known as alimony, is determined and negotiated by divorce lawyers. Our Law Firm ensures that clients receive or pay the right sums based on their situation.
Appeal
If a client is dissatisfied with a court judgement, lawyers might file an appeal on their behalf. They appeal verdicts or request revisions to divorce orders.
Divorce Laws in Nepal
Sections 93–104 of the National Civil Code of 2017 (2074) address Nepal’s divorce rules and offers its explanation as well. The substantive provisions for the clauses to initiate divorce proceedings in Nepal, the divorce procedure, and the repercussions/consequences of divorce, including as property partition, alimony, and maintenance, have all been discussed.
Divorce proceedings begin
Divorce can be conducted by both the husband and the wife without their consent.
Husband initiates divorce proceedings
Separation of Residence
If the wife has kept a separate residence for at least three years without the approval of the husband.
Deprivation of Maintenance
If the wife refuses to pay maintenance or kicks the husband out of the home.
Acts of Harm
If the wife participates in a scheme or commits an act that is likely to cause substantial physical or mental harm to her husband.
Infidelity
If it is established that the wife has had sexual encounters with someone other than herself.
The wife initiates the divorce.
- Live Separately: If the husband and wife have been living apart for at least three years without the woman’s permission.
- Maintenance Deprivation occurs when the husband refuses to pay his wife’s maintenance responsibilities or drives her away.
- Acts of Harm: If the husband participates in a scheme or commits an act that is likely to cause the wife significant physical or mental distress.
- When the wife files for divorce on particular grounds outlined in the law, the divorce is considered initiated by the husband for the purpose of property division. If a property is jointly registered in the names of both spouses or one of them, the court must oversee the legal division of the property between them before issuing the divorce.
- If the husband has not secured a partition of property from his father or other coparceners, the court has the authority to investigate and ensure an equal distribution of property among the husband, wife, and other entitled coparceners.
Polygamy occurs when the husband marries again.
Infidelity:
If it is established that the husband has sexual relations with another woman.
Rape:
- If it is established that the husband sexually attacked his wife.
Division of Property - If the husband starts the divorce at the wife’s request, the court must ensure that the husband and wife’s property is divided before the divorce is finalised.
- In cases when the division procedure is expected to be protracted, the court may proceed with the divorce and compel the husband to pay the wife monthly costs, known as alimony, until the division is completed.
- However, if the woman remarries before the partition, she loses her entitlement to a portion of the divide.
Lump Sum Amount (Almony)
If the wife seeking divorce chooses a lump sum payment or periodic alimony over a share of the partitioned property, she might ask the court to make such arrangements.
The court has the ability to order the husband to pay a lump payment or annual/monthly alimony based on his property or income.
However, like with the property partition rule, if the wife remarries before receiving the lump payment or alimony, she forfeits her entitlement to it.
Spousal Support/ Maintenance Costs
If the wife is unable to get a division share due to a lack of property, she may seek maintenance payments from her husband. The court has the authority to require the husband to pay maintenance payments to his wife based on his income. However, the following conditions need to be met:
If the wife remarries, she is no longer eligible to support payments.
If the wife’s income is higher than that of the husband, then in such cases the court may not issue order against the husband to pay living expenses for the spouse.
Should you have any questions, please do not hesitate to contact 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.