10 Facts about Divorce in Nepal You May Not Know

Divorce is the legal termination of marriage between two people. It is a complex and sensitive issue that affects the lives of the spouses and their children. In Nepal, divorce is not very common, but it is also not very rare. Various laws, procedures, and factors govern divorce in Nepal.

In this article, we will share 10 facts about divorce in Nepal that you may not know. These facts will help you understand the legal and social aspects of divorce in Nepal.

1. Divorce is governed by the National Civil Code Act 2017(2074)

The National Civil Code Act 2074(2017) is the main law that regulates divorce in Nepal. It replaced the previous law, the Muluki Ain 2020, which was based on Hindu law and customs. The new law is more secular and gender-neutral and provides for various grounds and conditions for divorce.

2. There are two types of divorce in Nepal: Mutual Consent and Court Order

According to the National Civil Code Act 2017, there are two types of divorce in Nepal: divorce by mutual consent and divorce by court order.

Divorce by mutual consent means that both spouses agree to end their marriage and file a joint petition in the district court. They also agree on the division of property, custody of children, and alimony. This type of divorce is faster, cheaper, and less stressful than the other type.

Divorce by court order means that one of the spouses files a lawsuit in the district court against the other spouse on certain grounds, such as adultery, cruelty, desertion, impotence, insanity, incurable disease, conversion or renunciation of religion. The court then hears both sides and decides whether to grant or deny the divorce. This type of divorce is longer, costlier, and more stressful than the other type.

3. The minimum age for marriage and divorce in Nepal is 20 years

According to the National Civil Code Act 2017, the minimum age for marriage in Nepal is 20 years for both men and women. Similarly, the minimum age for Divorce in Nepal is 20 years for both men and women.

4. The average duration of divorce in Nepal varies from two days to two years

The average duration of divorce in Nepal depends on the type of divorce and the complexity of the case. Generally, divorce by mutual consent takes less time than divorce by court order.

Divorce by mutual consent can be completed within two days if there are no complications or disputes. However, if there are any issues regarding property, children or alimony, it may take longer.

Divorce by court order can take anywhere from six months to two years or more depending on the caseload of the court, the availability of evidence and witnesses, and the cooperation of both parties.

5. The number of divorce cases in Nepal is increasing every year

According to the statistics of the Supreme Court of Nepal, there were 3,510 divorce cases registered in the fiscal year 2019/20, compared to 2,996 cases in the fiscal year 2018/19. This shows an increase of 17% in one year.

There are various reasons for this increase, such as changing social values, and economic independence.

6. The divorce rate in Nepal is higher in urban areas than in rural areas

According to a study by the Central Bureau of Statistics, the divorce rate in Nepal is higher in urban areas than in rural areas. The study found that the divorce rate in urban areas was 1.8 per 1,000 married couples, while the divorce rate in rural areas was 0.9 per 1,000 married couples.

The study attributed this difference to various factors, such as higher education, income, and exposure to media and foreign cultures in urban areas, which may influence the marital expectations and satisfaction of the spouses. On the other hand, rural areas may have stronger social and family ties and norms that discourage divorce.

7. The divorce rate in Nepal is lower than the global average

According to the United Nations, the global average divorce rate in 2019 was 4.0 per 1,000 married couples. This means that for every 1,000 married couples in the world, four couples get divorced.

However, the divorce rate in Nepal was much lower than the global average. According to the Central Bureau of Statistics, the divorce rate in Nepal in 2019 was 1.2 per 1,000 married couples. This means that for every 1,000 married couples in Nepal, only one couple got divorced.

This shows that Nepal has a relatively low divorce rate compared to other countries. Some of the possible reasons for this are the cultural and religious values that respect and uphold marriage as a sacred institution, the legal and social barriers that make divorce difficult and costly, and the lack of awareness and access to legal services among many people.

8. The main causes of divorce in Nepal are adultery, cruelty and desertion

According to a survey by Divorce Nepal, a legal service provider for divorce cases, the main causes of divorce in Nepal are adultery, cruelty, and desertion. The survey analyzed 100 cases of divorce in Kathmandu District Court and found that these three causes accounted for more than half of all cases.

Adultery means having a sexual relationship with someone other than one's spouse. It is considered a serious breach of trust and loyalty in marriage and a ground for divorce by both men and women.

Cruelty means inflicting physical or mental harm on one's spouse. It can include beating, abusing, torturing or threatening one's spouse. It is considered a violation of human rights and dignity and a ground for divorce by both men and women.

Desertion means abandoning one's spouse without any valid reason or consent. It can include leaving one's spouse for a long time without any contact or support. It is considered a neglect of marital duties and responsibilities and a ground for divorce by both men and women.

9. The main consequences of divorce in Nepal are property division, child custody and alimony

According to the National Civil Code Act 2017, the main consequences of divorce in Nepal are property division, child custody, and alimony.

Property division means dividing the marital property between the spouses according to their contributions and needs. The marital property includes all the property acquired by either spouse during the marriage or before the marriage with the intention of using it for marital purposes. The property division can be done by mutual agreement or by court order.

Child custody means deciding who will have the right and responsibility to take care of the children after the divorce. The child custody can be shared or exclusive depending on the best interest of the child. The child custody can be done by mutual agreement or by court order.

Alimony means providing financial support to one's spouse after the divorce. The alimony can be paid as a lump sum or as monthly installments depending on the income and need of both parties. The alimony can be done by mutual agreement or by court order.

10. The main challenges of divorce in Nepal are social stigma, legal hurdles and emotional trauma

According to various sources, the main challenges of divorce in Nepal are social stigma, legal hurdles and emotional trauma.

Social stigma means facing negative attitudes and discrimination from society due to being divorced. Many people in Nepal still consider divorce as a shameful and sinful act that brings dishonor to oneself and one's family. Many divorced people face isolation, rejection, and harassment from their relatives, friends, and neighbors.

Legal hurdles mean facing difficulties and delays in getting a divorce due to complex and lengthy procedures.

Conclusion

Divorce is the legal termination of marriage between two people. It is a complex and sensitive issue that affects the lives of the spouses and their children. In Nepal, divorce is not very common, but it is also not very rare. Various laws, procedures, and factors govern divorce in Nepal. In this article, we have shared 10 facts about divorce in Nepal that you may not know. These facts will help you understand the legal and social aspects of divorce in Nepal.