Divorce by Mutual Consent in Nepal

Divorce by mutual consent is a legal way for couples to end their marriage without placing blame on each other. It is based on the agreement of both parties to dissolve their relationship and settle their issues such as property distribution, child custody, and support. Divorce by mutual consent can be a quick and low-cost process, but it also has some disadvantages and challenges. In this article, we will explain everything you need to know about getting a divorce by mutual consent in Nepal, including the process, advantages, disadvantages, and legal advice.

What is Divorce by Mutual Consent?

According to Article 93 of the Civil Code 2074, a relationship can be dissolved at any time if both the husband and wife agree to a divorce. This means that even if neither party is at fault, the relationship can be terminated with mutual understanding. Divorce by mutual consent is governed by the Civil Code 2074 and the Civil Procedure Code 2074.

Process and Requirements

To get a divorce by mutual consent, the couples should follow these steps:

• Prepare a joint petition that states their consent to the divorce and their agreement on property distribution, child custody, and support.
• Submit the petition and the supporting documents such as the marriage certificate, citizenship certificate, and birth certificate of the children to the relevant district court.
• Attend a hearing where the judge will review the petition and the documents and verify the consent and the agreement of the parties.
• Receive a divorce certificate from the court that confirms the dissolution of the marriage.

The divorce process can be completed within two working days if there are no complications or objections.

Advantages of Divorce by Mutual Consent

Divorce by mutual consent has several advantages, such as:

• Quick and Low-Cost Process: Divorce by mutual consent does not require both parties to hire a lawyer or appear in court. All the couples need to do is submit a joint petition to the relevant district court, stating their consent to the divorce. If the judge reviews the petition and supporting documents and finds it fit, they will sign and approve the divorce. This process can be completed within two working days, saving the couple time and money.
• Less Stressful: Divorce by mutual consent can also be less stressful than other forms of divorce. A lengthy legal battle can drain the parties emotionally and financially. When both parties agree, the process is much smoother and faster, reducing the stress and anxiety associated with a divorce.
• Joint Decision-Making: Divorce by mutual consent allows both parties to make joint decisions on important matters such as property distribution, child custody, and support. This ensures that both parties' interests are taken into account, and neither feels ignored or left out.

Disadvantages of Divorce by Mutual Consent

Divorce by mutual consent also has some disadvantages, such as:

• Property Rights: One of the major disadvantages of divorce by mutual consent is that the wives often do not claim their share in the property. In many cases, they do not want to go through a lengthy divorce process and therefore choose not to calculate and claim their share in the property. Women need to understand that they are entitled to property rights and should not let the convenience of a quick divorce prevent them from receiving their fair share.
• No Dispute Resolution: Divorce by mutual consent assumes that both parties agree to the terms of the divorce. However, in many cases, disputes may arise over property, child custody, or support. When both parties cannot agree, the divorce process becomes more complicated, and the case may go to court.

Is Divorce on Mutual Consent Easy?

Divorce on mutual consent can be a relatively easy and straightforward process if both parties agree to the terms of the divorce. However, it is important to note that not all divorces on mutual consent are easy. When disputes arise, the process can become complicated and require legal intervention. Furthermore, some couples may struggle with emotional trauma associated with ending a marriage, even if the process is relatively easy.

Conclusion and Legal Advice

Divorce by mutual consent is a legal way for couples to terminate their marriage without placing blame on each other. It is a cost-effective and less stressful way to part ways and allows couples to move forward with their lives. However, it is important to note that certain aspects should be carefully considered before deciding to pursue a divorce with mutual consent, such as property rights and child custody. It is also important to ensure that the agreement between the parties is clear and in writing to avoid future conflicts. While divorce by mutual consent may not be suitable for everyone, it has become increasingly popular among younger generations who value flexibility and convenience. If you are considering a divorce, it is crucial to seek legal advice to understand your rights and responsibilities under the law.

If you are looking for a divorce lawyer in Nepal, you can contact Nepal Divorce Services. We are a distinguished law firm that specializes in divorce and family law. We have a team of experienced and qualified lawyers who can help you with any legal issue related to your divorce. We offer online and in-person consultations, and we can help you file a divorce petition and represent you in court. Contact us today to schedule a consultation and take the first step towards a brighter future.