Divorce Process in Nepal

The procedure for divorce in Nepal

When a man and a woman enter into a marriage relationship, they are officially regarded as husbands and wives. Similarly, if the spouses choose to terminate their relationship by means of a divorce procedure, the competent court shall grant divorce upon review of the documents submitted to the court. If the court grants a divorce, the relationship between the spouses will terminate legally.

If the court grants a divorce, then the relationship between the spouses ends legally. Divorce is the end of the marriage relationship between the spouses following legal proceedings. Divorce-related guidelines are set out in the National Civil Code, 2017, paragraph 6. Clause 93 of the 2017 National Civil Code states that if they wish to do so, a husband and wife will start the divorce process, following the legal procedures.

The divorce may be granted on the following grounds if one of the parties does not wish to begin a divorce process:

(1) Divorce by mutual consent 

2) Divorce by order of a judge 

Under clause 93 of the National Civil Code, if they plan to do so, both parties may apply for a divorce in 2017. By filing for a divorce on the grounds of fault or no-fault in mutual consent, a person may end a marriage. Upon taking ancestral property or a lump-sum payment, the divorce process may be started with mutual consent.

While in a mutual consent divorce process, all the property details are to be revealed and the division of property is determined on the basis of the property details and income as to who gets what.

When you and your spouse have minor children, concerns relating to child custody, visits, and child care are involved in such situations. These concerns should be considered mutually when having a divorce and if you and your partner do not agree on these issues, the court will determine how much time the child spends with each parent which is called the custody right visitation.

The court shall also determine the amount of child support to be paid to a parent who will have custody of the child for the majority of the time. This is called child support allowance. Divorce with mutual consent can be settled within two working days.

2. Divorce by order of a court 

In a situation where the spouses do not agree on the terms of divorce at any point in time, court action is required where the court, after reviewing the documents presented and considering and weighing the best interests of the child, grants divorce to ensure the rights of the child.

In order to file a divorce in a court of law, the grounds for a divorce proceedings must be satisfied.

There are four instances in which a spouse can file for a divorce. In the first place, the separation occurs when the spouse takes the ancestral property and leaves the spouse (husband) without his or her permission and has not been in contact with him for three years or more. Second, when the spouse deprives the other spouse of food and clothing.

Third, when the spouse beats the other spouse (husband) and, as a result, acquires a disability and causes mental and physical harm to the spouse (husband).

Fourth when a spouse maintains a sexual relationship outside the marriage, the spouse (husband) can file for a divorce in that situation. 

According to the law, there are six instances in which the spouse can file for a divorce.

• The spouse can file for a divorce if the other spouse (husband) is married to another woman. 
• When the spouse is found to have forced sexual relations with the spouse and is proven to have been raped in the court of law. 
• The court will review the documents submitted and, if necessary, order the mediation.

Benefits of divorce with mutual consent 

a. Get a divorce right away 

While applying for a divorce on a mutual consent basis, a person should not have to wait for a long time. The divorce procedure, initiated with mutual consent, may be completed within two working days. Detailed information on issues that concern both spouses must be provided in writing. 

b. Affordable

Divorce in mutual consent costs less. The lawyer will not have to provide long-term advice. The proceedings of the court will be shortened.

c. Less of Mental Stress 

If a person has to carry on with the case for a long period of time, it is likely to induce mental and emotional stress associated with financial burdens, leading to many other problems, such as debt and emotional hardship.

When a divorce process is initiated with mutual consent, it helps to obtain relief in a short time in such a situation.

d. Disadvantages of divorce with mutual consent; 

a. Claims for property 

In the majority of cases, when applying for divorce with mutual consent, the spouse does not claim ancestral property from the other spouse (husband). It is the legal right of the spouse to request the division of the property of the spouse (husband).

3. Divorce proceedings in Nepal

The procedure to be followed when filing a divorce under the National Civil Code as set out below. 

1. The divorce petition MUST be brought to the district court. 

The spouses wishing to file for a divorce must apply for a divorce in the district court.

2. Summon notice to be served on the other party 

Upon receipt of the divorce petition, the court shall send the notice to the other party by a court official within a specified time period and shall provide a time limit of 21 days to respond to the petition.

The notice may be served in a number of ways, such as by a court official, by e-mail, by publishing a notice to the national daily newspaper.

3. Response of the opponent to the petition 

The respondent replies to the petition, citing its agreement or disagreement with the claim, and may vigorously defend its claim and present its argument to the court at the time of the court’s appearance. This is referred to as the response to the petition.

4. Proof submission 

Upon receipt of a reply from the respondent, the court shall issue an order seeking evidence against the parties as claimed. In the case following the response of the defendant, the court shall order the submission of evidence on behalf of the respondent.

The respondent and the plaintiff must provide the evidence as set out in the court order.

5. Interim Orders 

The spouse (wife) may file a petition seeking a temporary maintenance and support order while applying for a divorce. The interim order concerns child custody, child support, spousal support/maintenance.

The court shall calculate the amount of the assistance on the basis of the financial standing of the respondent and issue an order granting an interim order.

6. Civilised conversations resolve disputes 

If a divorce petition is brought before the court, the court will grant the parties to the petition time to settle issues through mediation.

This process may help to reduce the petition for divorce on the basis of petty issues such as quarrels and disagreements. This relieves the parties in dispute of the difficulties of the court.

7. Information concerning the property 

Source of Income

If the spouses cannot reach an agreement, the court, after reviewing the documents submitted, divides the property and allocates it to the parties on an equitable basis following the legal procedure.

If, in the divorce proceedings, the spouse intentionally conceals the property by not disclosing it in the application as per the request of the court, then in such a situation the hidden property will not be allocated to the spouse and will be allocated to other successors.

8. Final Decisions 

If an understanding cannot be forged between the spouses until one year, the court will issue its final divorce order. The court shall divide the property on an equitable basis upon review of the application for divorce.

9. Execution of Decision 

After the court grants divorce to the parties, the party concerned must submit a petition for implementation before the relevant decision enforcing department.

During the process of implementation, the property/assets contained in the decision shall be divided between the parties to the lawsuit in compliance with the law.

Should you have any questions relating to marriage registration, divorce process in Nepal. please do not hesitate to contact us at 9847691209