Divorce is the legal process through which a husband and wife end their marriage. In Nepal, divorce is governed under the Civil Code 2017 (“Civil Code”).. Both spouses may choose to end their marriage at any time if they mutually agree to do so.
WHAT ARE THE LAWS REGARDING DIVORCE IN NEPAL?
The Civil Code’s Chapter on Divorce details the divorce procedure in Nepal, particularly Sections 93-104, which deal with divorce and mutual consent divorce.
WHICH AUTHORITIES HANDLE DIVORCE CASES?
Divorce applications are submitted to the appropriate District Court, which will grant a divorce if the judge finds the case justified.
CAN EITHER THE WIFE OR THE HUSBAND OBTAIN A DIVORCE WITHOUT THE OTHER’S CONSENT?
Yes. In Nepal, either spouse can initiate divorce proceedings without the other’s consent under certain circumstances:
Grounds for Divorce by the Husband:
If the wife has been living separately for three or more consecutive years without the husband’s consent, except where they are living apart due to a lawful partition or separation agreement.
If the wife removes the husband of support or forces him out of the house.
If the wife commits an act or conspiracy likely to cause serious physical or mental harm to the husband.
If the wife is proven to have engaged in sexual relations with another person.
Grounds for Divorce by the Wife:
If the husband has been living separately for three or more consecutive years without the wife’s consent, except where they are living apart due to a lawful partition or separation agreement.
If the husband deprives his wife of support or expels her from the household.
If the husband commits an act or conspiracy likely to cause serious physical or mental harm to the wife.
If the husband marries another woman.
If the husband is proven to have engaged in sexual relations with another woman.
If there is evidence that the husband has raped or conspired to rape the wife.
Mutual Consent Divorce:
The Civil Code of 2017 (2074) also allows for divorce with mutual agreement.
Who can file or begin divorce proceedings in Nepal?
Either the husband or the wife who wishes to end their marriage may file for divorce.
WHAT IS THE PROCEDURE FOR OBTAINING A DIVORCE IN NEPAL?
Step 1: The applicant submits a divorce petition to the relevant District Court.
Step 2: The Court issues a notice to the respondent (the other spouse).
Step 3: The respondent submits a statement of defense.
Step 4: The Court facilitates mediation between the spouses to attempt reconciliation.
Step 5: If mediation is unsuccessful, the Court proceeds with further hearings, gathers evidence, and examines witnesses.
Step 6: The Court issues a final verdict on the divorce.
Upon receiving the notice, the respondent is required to file a reply within the specified time frame.
d) Mediation Between Spouses
The Court issues an order to mediate and reconcile the parties based on the claims brought before the court, with the goal of resolving the disagreement through conciliation.
e) Property Partition Before Divorce
If the divorce is initiated by the husband, and the wife requests, the Court may order the partition of property between the spouses before granting the divorce.
If property partition may take a lengthy time, the Court can proceed with the divorce and instruct the husband to pay the wife monthly expenses (alimony) based on his property and income until the partition is finalized.
f) Court’s Decision on Divorce
If, after efforts at reconciliation, the Court determines that continued marriage is not feasible, it will decree the divorce.
g) Cancellation of Marriage Registration
The Court’s divorce decree must be recorded, and the marriage registration certificate must be canceled at the relevant Ward Office.
The divorce procedure in Nepal can be summarized as follows:
a) Filing a Petition for Divorce
The husband or wife seeking a divorce must submit a petition to the appropriate District Court.
b) Notice to the Other Party
The Court issues a notice of the petition to the other spouse through official court channels.
c) Response from the Other Party
Are There Conditions Under Which the Husband Is Not Required to Provide Partition Share or Alimony to the Wife?
Yes, during the divorce process in Nepal, the husband is not compelled to provide partition share or alimony to the wife under the following conditions:
a) If the wife deprives the husband of maintenance or expels him from the household.
b) If the wife commits acts or conspiracy that cause serious physical or mental harm to the husband.
c) If it is established that the wife has engaged in a sexual relationship with another person.
Can the Wife Receive a Lump Sum Payment or Alimony Instead of Property?
Yes. If the wife seeking divorce prefers, the Court may order the husband to pay a lump sum amount or periodic alimony (monthly or yearly) instead of a partition share. This decision is based on the husband’s property or income.
Provision Regarding Wife’s Marriage and Alimony
If the wife remarries after divorce, she is not required to receive or claim any amount or alimony from the husband.
Conditions Where Child or Previous Husband Can Obtain Property
Upon the death of a divorced woman:
Her son and daughter are entitled to her property.
If she has no children, her previous husband can inherit the property she received from him.
Any successors on her mother’s side can inherit property that was not received from her husband.
Portion of Property Entitled to the Wife from the Husband
The wife is entitled to an equal share of the husband’s property.
In cases where property is registered jointly in the names of the husband and wife or either of them, it must be partitioned according to law before the divorce is finalized.
If the husband has not obtained a partition from his own father or other coparceners, the Court will facilitate disclosure of such coparceners and, if applicable, order a partition to be made between the husband and wife, considering the rights of other coparceners.
What are the conditions in which the spouse is not required to pay maintenance?
If the wife has not obtained a partition from the husband due to the absence of property for division, and she wishes to receive maintenance costs, the Court Most likely, the spouse will be ordered to pay the maintenance costs based on his salary.
Liability
The husband is liable to pay maintenance costs to the wife, provided he has sufficient income.
What are the conditions in which the spouse is not required to pay maintenance?
If the wife remarries, she is not eligible for maintenance payments.
If the wife’s wages exceed that of the husband, the husband does not have to pay maintenance payments..
Can Divorce Proceedings Be Initiated in Nepal Without Being Present in Nepal?
Both partners living overseas can file for divorce in Nepal without being physically present.. It is normally recommended that you hire a divorce lawyer in Nepal to address any procedural issues and ensure that the procedure runs effectively.
What Are the Required Documents for Divorce?
- Application for divorce
- Marriage certificate
- Proof of residence
- Evidence supporting grounds for divorce, such as misconduct, mental cruelty, or other grounds, may include a variety of documents and testimonies that demonstrate the conduct or circumstances justifying the divorce. Common types of evidence include:
- Witness Testimonies: Statements by family members, friends, neighbours, or coworkers who witnessed the wrongdoing or brutality.
- Photographs and Videos: Visual evidence depicting instances of misconduct, physical abuse, or mental cruelty.
- Medical or Psychological Reports: Documents from healthcare professionals diagnosing injuries, mental health issues, or psychological abuse resulting from cruelty.
- Communication Records: Text messages, emails, social media messages, or call logs that contain abusive language, threats, or other relevant conduct.
- Financial Evidence: Documents showing financial misconduct, such as embezzlement, refusal to support, or misuse of shared assets.
- Police Reports or FIRs: Official reports filed regarding incidents of violence, harassment, or abuse.
- Diary Entries or Personal Records: Personal journals or records describing instances of cruelty or misconduct.
- Other Documentation: Any relevant evidence that substantiates claims of misconduct or cruelty, such as affidavits or statements from witnesses.
Important Note: The specific evidence required may vary based on jurisdiction and the grounds claimed for divorce.
- Identity proof (passport, citizenship certificate, etc.)
- Power of attorney (if applicable) for representatives or lawyers
- Previous court rulings or judgements about the marriage or divorce case
- For precise and case-specific documentation, consulting a legal expert or the relevant court is advisable.
- Absolutely. Consulting with a qualified legal professional is highly recommended when gathering evidence for divorce or related proceedings. An attorney can advise you on the types of evidence that are most effective and admissible in court, help you avoid potential legal pitfalls, and ensure your rights are protected throughout the process. They can also assist in organizing and presenting the evidence in a manner that strengthens your case and meets the legal standards in your jurisdiction.
Documents necessary to complete the divorce application process in Nepal:
A marriage certificate (or any other proof of marriage if the certificate is unavailable) is an essential document required for legal proceedings related to marriage, such as divorce, legal separation, or other civil matters. It serves as official evidence of the marriage and helps verify the identities of the parties involved.If the marriage certificate cannot be obtained, additional documents that can be deemed proof of marriage include:
- Marriage Registration Receipt: If the marriage was registered with a government authority, the registration receipt or acknowledgment can serve as proof.
- Affidavits: Sworn affidavits by the parties or witnesses attesting to the marriage details.
- Photographs and Witness Statements: Photographs of the marriage ceremony and statements from witnesses can support the claim.
- Other Official Documents: Documents such as joint bank accounts, insurance policies, or legal documents indicating the marital relationship.
- It’s advisable to consult with a legal professional to determine the most appropriate proof of marriage in your specific situation.
- Copy of citizenship certificate
- Passport-sized photograph of the applicant
- Evidence supporting the claim (if any)
- Time Required for Effecting Divorce in Nepal:
- If both husband and wife give mutual consent, the Court can effect the divorce immediately.
- Yes, that is correct. If the husband and wife do not agree to reconcile despite the Court’s efforts, the Court will grant the divorce after one year from the date the petition was filed. As a result, the total divorce process in Nepal usually takes at least one year to complete.
Disclaimer:
The information below is intended for use as guidance only and should not be taken as legal advice.. It does not constitute an advertisement, personal communication, solicitation, or incentive. The organisation assumes no responsibility for any actions taken in reliance on this content.
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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.