All You Need to Know About Divorce by Mutual Consent

Divorce can be a difficult and painful process for any couple, but sometimes it is the best option for both parties. In Nepal, according to Article 93 of the Civil Code 2074, a couple can dissolve their marriage at any time if they both agree to a divorce, regardless of who is at fault. This process is known as divorce by mutual consent.

Divorce by mutual consent has become a popular and trusted method for couples to terminate their marital relationship. It is especially popular among younger generations who are more flexible and willing to weigh the consequences of the termination of their marriage. Opting for a divorce by mutual consent can save time, money, and energy, making the process much easier for both parties.

One of the major advantages of divorce by mutual consent is that the process can be concluded in as little as two working days. A joint petition is submitted to the relevant district court that clearly states the couples' consent. The judge then reviews the petition along with the supporting documents and, if satisfied, signs and approves the divorce.

Another advantage of divorce by mutual consent is that it is generally a low-cost option. It does not require a lawyer to appear before the court and plead, saving time and money. Court proceedings are typically concluded in just two working days.

However, there are also some disadvantages to consider when pursuing a divorce by mutual consent. For example, in the majority of instances, wives do not claim a share in the property when filing for divorce by mutual consent. It is important for women to understand that they are entitled to property rights and to consider this when making decisions about their divorce.

If the parties cannot come to an agreement on property and other issues, they may need to file for divorce by court order. In such cases, there are different grounds for filing for divorce for the husband and wife, depending on their specific circumstances.

For husbands, four conditions must be met in order to file for divorce. These include if the wife has taken her share in the property and is living separately from the husband without informing him for three consecutive years, if the wife throws the husband out of the house, if the wife perpetrates physical and mental torture against the husband, or if the wife indulges in a sexual relationship with another man.

For wives, there are several grounds for filing for divorce, including if the husband abandons the wife and is not aware of her whereabouts, if the husband is living on his own for three consecutive years without his wife knowing it, if the husband indulges in a sexual relationship with a woman other than his wife, if the husband inflicts physical and mental torture against the wife, if the husband remarries without the consent of the wife, or if the husband forces sex on the wife without her consent.

In conclusion, divorce by mutual consent has become a trusted and easy method for couples to terminate their marital relationship in Nepal. It is important for both parties to consider their options carefully and to weigh the advantages and disadvantages of each method before making a decision. Divorce by mutual consent offers a fast, affordable, and less stressful option for couples who can agree on the terms of their separation.