Divorce in Nepal: Introduction
Divorce is the legal termination of marriage between a husband and wife. In Nepal, it is governed by the Civil Code 2017. Understanding Nepalese divorce laws, Onesphere Law Associates ensures a smoother process, especially when supported by experienced professionals.
Legal Basis for Divorce
In Nepal, divorce laws are governed by the Civil Code 2017 (Muluki Ain). This code outlines the legal framework for marital dissolution, emphasizing fairness and mutual respect. Nepalese law recognizes several grounds for divorce, including:
- Adultery
- Domestic Violence.
- Desertion for over three years
- Mental or Physical incapacity
- Mutual Consent
Types of Divorce
A. Mutual Consent Divorce in Nepal
Mutual consent divorce is the easiest and least complicated way to end a marriage in Nepal. Both spouses agree to divorce and settle issues like alimony and child custody in advance.
B. Contested Divorce
When one spouse disagrees with the separation, the case proceeds to court. This process can be lengthy and involves presenting evidence to support claims.
C. Conditions for Automatic Divorce
Nepal’s divorce law specifies the following conditions for automatic divorce:
- A marriage lacking full consent from both parties will lead to divorce.
- An incestuous marriage will result in divorce.
- If the wife remarries before the divorce, the marriage will be dissolved.
D. The conditions under which the Wife can Obtain a Divorce:
In Nepal, the wife can initiate the divorce process without the husband’s approval under the following conditions:
- With the exception of the woman residing separately or receiving the property through partition, if the husband stays separately for a period of three years or more without the wife’s approval;
- If the husband does not provide food and lodging for the wife and kicks her out of the house;
- If the husband conducts some work or schemes for the breakdown of any organ in the wife’s body, or any job that causes considerable physical or mental agony;
- If the husband marries another wife.
- If it is shown that the spouse had sexual encounters with another woman,
- If it is shown that the husband committed marital rape with his wife.
E. The Conditions under which a Husband can Obtain a Divorce:
- With the exception of the wife living separately or getting the property partitioned, if the wife stays continuously for a period of 3 years or more away from the husband;
- If the wife refuses to provide for food and boarding or expels the husband from the house;
- If the wife engages in any work or scheming for the breakdown of any organ in the body of the husband or any work which causes great physical or mental pain, and
- If it is proved that the wife has had sexual relations with another person.
Divorce Process in Nepal
The divorce process in Nepal are as follows:
Filing a Petition
The process begins with filing a divorce petition in the appropriate court.
Legal Notice
The other party is served with a legal notice.
Mediation
Courts encourage mediation to resolve disputes amicably.
Court Hearing
If mediation fails, the case proceeds to a hearing.
Final Verdict
The court delivers a decision based on evidence and arguments.
Required Documents for Divorce
The required documents for divorce process in Nepal are:
- A divorce petition.
- Agreement Paper for Mutual Consent Divorce.
- Citizenship Certificate for Both Spouses.
- Marriage certificate for both spouses.
- The child’s birth certificate (if applicable).
- Proof or evidence supporting the divorce process begun by the husband or wife.
- Additional documents sought by the court.
Cost of Divorce in Nepal
Factors Influencing Costs For Divorce in Nepal
- Lawyer’s fees
- Court charges
- Documentation expenses
Estimated Costs For Divorce Process in Nepal
On average, divorce in Nepal can cost between NPR 30,000 to NPR 100,000, depending on the complexity of the case.
Property Division After Divorce in Nepal
Nepalese law allows wives to claim a share of marital property during divorce, ensuring financial security. The law mandates equitable distribution of assets acquired during the marriage.
Conclusion
Divorce in Nepal is a multifaceted process that requires understanding legalities, addressing emotional challenges, and seeking expert guidance. By equipping yourself with the right knowledge and support, you can navigate this difficult phase with confidence.
FAQs : Divorce Process in Nepal
What is the cost of divorce in Nepal?
The cost varies between NPR 30,000 to NPR 100,000, depending on case complexity.
Can a wife claim her husband’s property after divorce?
Yes, Nepalese law ensures equitable distribution of marital assets.
How long does the divorce process take in Nepal?
The process can take several months to years, depending on whether the divorce is contested or mutual.
Is online divorce possible in Nepal?
While online consultations are feasible, the divorce process requires physical court proceedings.
What documents are required for divorce?
Essential documents include a marriage certificate, citizenship proofs, and evidence supporting the grounds for divorce.