Divorce is the legal dissolution of a marital relationship between husband and wife by a competent court, thereby terminating rights and obligations arising from the marriage. In the context of Nepal, the matters relating to divorce is governed by National Civil (Code) Act, 2074 (2017).
This questionnaire outlines the legal basis, procedural steps, required documents, and special considerations for individuals seeking a divorce in Nepal.
I. Is divorce possible with mutual consent?
Yes, husband and wife, with mutual consent and understanding, can initiate the divorce procedure in Nepal.
II. Is divorce possible without mutual consent?
Yes, husband or wife seeking divorce from the other party can initiate the divorce procedure in Nepal. National Civil (Code) Act, 2074 (2017) provides for the grounds on which a party can initiate divorce proceeding, details of which are provided below:
III. Grounds for husband to initiate divorce proceeding
A husband may seek a divorce from his wife under the following circumstances:
- If the wife has been living separately for 3 (three) or more consecutive years without the consent of husband, except if spouse are living separately after obtaining partition share or separating bread and broad;
- If the wife deprives the husband of maintenance costs or expels him from the house ;
- If the wife commits an act or conspiracy likely to cause the grievous hurt or other severe physical or mental pain to the husband,
- If the wife is proved to have made sexual relation with another person.
IV. Grounds for wife to initiate divorce proceeding
A wife may seek a divorce from her husband under the following circumstances:
- If the husband has been living separately for 3 (three) or more consecutive years without the consent of wife, except if spouse are living separately after obtaining partition share or separating bread and broad;
- If the husband deprives the wife of maintenance costs or expels her from home;
- If the husband commits an act or conspiracy likely to cause grievous hurt or other severe physical or mental pain to the wife;
- If the husband concludes another marriage;
- If the husband is proved to have made sexual relation with another woman;
- If the husband is proved to have raped the wife.
V. What are procedures for initiating divorce in Nepal?
The procedures for initiating divorce with mutual consent is provided in the table below:
| Steps | Procedure |
| Step 1 | A party (husband or wife) can file the divorce petition in the concerned District Court; |
| Step 2 | The other party must submit the written response to the petition the other day, confirming that s/he consents to the divorce; |
| Step 3 | The Court provides divorce certificate on the day of submission of written response. |
The procedures for initiating divorce without mutual consent is provided in the table below:
| Steps | Procedure |
| Step 1 | Filing of divorce petition at the concerned District Court; |
| Step 2 | The Court issues a notice of divorce to another party. |
| Step 3 | The respondent must submit a written response of defense. |
| Step 4 | The Court sends the parties for mediation at least once before the decision making process. In general, one month time period is provided for the mediation process. |
| Step 5 | If the parties cannot reach to an agreement via mediation, the Court proceeds with hearings, collecting evidence and witness examination. |
| Step 6 | The Court delivers its verdict, either granting or rejecting the divorce petition. |
VI. Required Documents for divorce application
The documents required for filling divorce application are provided in the table below:
| S.N. | Documents required |
| 1. | A copy of citizenship of both husband and wife; |
| 2. | A copy of marriage registration certificate (if not then, photos of marriages conducted through rituals shall work); |
| 3. | 2 copies of passport size photos of husband and wife; |
| 4. | Any documents or proof supporting the divorce claim (if applicable). |
VII. What are rights and obligations after divorce?
1. Partition of Property
Below are key points regarding property division and financial support in divorce cases under the National Civil (Code) Act, 2074 (2017):
a). The wife has the right to claim a share of the property, including:
- Jointly registered property in either spouse’s name;
- Property the husband is yet to receive from his family or co-sharers.
b). If the division of property requires time, the Court may finalize the divorce and order the husband to provide temporary financial support until the partition is completed;
c). If the husband files for divorce on grounds that his wife has made sexual relation with another man or wife commits an act or conspiracy likely to cause the grievous hurt or other severe physical or mental pain to the husband or wife if expels husband from house, the wife will not entitled to property or maintenance;
d). If the wife concludes another marriage before effecting partition, she will not be entitled to partition.
2. Maintenance and Financial Support
a) The wife may opt for lump-sum or periodic maintenance instead of property;
b) The court determines the maintenance amount based on the husband’s income and assets.
c) Maintenance ends if the wife concludes another marriage.
d) If there is no property for partition, the wife can request to receive maintenance costs;
e) The husband is not required to provide such cost in case wife concludes another marriage, or income of wife is higher than that of the husband.
3. Agreements between Spouses
Written agreements on property and maintenance between spouses are upheld by the court unless they harm the interests of minor children.
4. Inheritance and Succession
Upon the death of a divorced woman, the following applies:
- The woman’s son, daughter, if any, will be entitled to her property;
- If such woman has no children, the previous husband obtains the property received by her from such husband; and
- The successor on her mother’s side obtains the other property.
VIII. What is the time limitation for filling complaints?
Any complaints or disputes related to the divorce process or rights must be filed within three months of when the issue occurred or was discovered.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice, advertisement, personal communication, solicitation or inducement. No attorney-client relationship is created through this content. Gandhi & Associates assumes no liability for any consequences resulting from actions taken based on information contained herein.
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