A divorce paper in Nepal refers to the divorce petition (sambandhavichhed nibedan / सम्बन्धविच्छेद निवेदन) — the formal legal document filed at the District Court to initiate divorce proceedings under Chapter 3 of the Muluki Civil Code, 2074 (Sections 93–104). Nepal does not have a standardized government-issued divorce form — the petition is drafted by a lawyer specific to each case. The petition must be in Nepali, include the grounds for divorce, personal details of both spouses, and the relief sought (property partition, alimony, child custody). For mutual consent divorce, both spouses file a joint petition — the court can grant divorce within days. For contested divorce, one spouse files under Sections 94 (husband) or 95 (wife) — the process takes a minimum of 1 year. Nepali citizens abroad can file through a Power of Attorney.
| Divorce Paper Nepal — Quick Facts | Details |
|---|---|
| Official name | Divorce Petition (sambandhavichhed nibedan / सम्बन्धविच्छेद निवेदन) |
| Governing law | Muluki Civil Code, 2074 — Chapter 3 (Sections 93–104) |
| Procedural law | Muluki Civil Procedure Code, 2074 |
| Filed at | District Court of the district where either spouse resides |
| Language | Nepali only — foreign documents require certified translation |
| Standard form | No — petition drafted by lawyer based on case-specific facts |
| Mutual consent | Joint petition by both spouses — divorce within days/weeks |
| Contested (one-sided) | Single spouse files under Sections 94/95 — minimum 1 year |
| Filing from abroad | Through Power of Attorney at Nepal Embassy/Consulate |
| Court fee | Nominal base fee + percentage of property value (if partition claimed) |
| Respondent reply deadline | 21 days from service of summons (extendable by 15 days) |
| Appeal | To High Court within 35 days of District Court decision |
A divorce paper in Nepal is a petition (sambandhavichhed nibedan) filed at the District Court under Muluki Civil Code 2074, Chapter 3. There is no standard government form — the petition is drafted by a lawyer. Mutual consent: joint petition, divorce in days. Contested: single-spouse petition under Sections 94/95, minimum 1 year. Required documents: citizenship certificates, marriage certificate, and evidence supporting grounds.
The divorce paper — formally called a divorce petition or sambandhavichhed nibedan (सम्बन्धविच्छेद निवेदन) — is the document that starts the divorce process in Nepal. It is not a simple form to fill out. It is a legal pleading that must be drafted correctly with proper section references, factual details, and legal arguments. The petition tells the court who wants the divorce, why, and what relief they are seeking.
| Term | Nepali | Meaning |
|---|---|---|
| Divorce petition | सम्बन्धविच्छेद निवेदन | The formal application to the court requesting divorce |
| Petitioner (plaintiff) | निवेदक / वादी | The spouse filing for divorce |
| Respondent (defendant) | विपक्षी / प्रतिवादी | The other spouse against whom divorce is filed |
| Divorce decree | फैसला | The final court order granting the divorce |
| Milapatra (settlement) | मिलापत्र | Written agreement in mutual consent divorce — records agreed terms |
| Written reply | प्रतिउत्तर | Respondent's formal response to the petition |
| Type | Legal Basis | Who Files | Timeline |
|---|---|---|---|
| Mutual consent petition | Section 93 — both spouses agree | Both spouses file jointly | Days to weeks (after mediation formality) |
| Contested petition by husband | Section 94 — specific grounds | Husband files alone | Minimum 1 year |
| Contested petition by wife | Section 95 — specific grounds (broader than husband's) | Wife files alone | Minimum 1 year |
Mutual consent is the fastest route — both parties agree, sign the milapatra, and the court grants divorce after a mandatory mediation attempt. Contested divorce requires the petitioner to prove specific grounds, present evidence and witnesses, and wait at least one year before the court issues a final decision. For a full breakdown of the divorce process in Nepal, see our detailed guide.
The divorce petition must contain the following information to be accepted by the District Court:
| # | Section of Petition | What to Include |
|---|---|---|
| 1 | Court identification | Name of the District Court where the petition is filed |
| 2 | Petitioner details | Full name, permanent address, citizenship number, age, occupation, contact details |
| 3 | Respondent details | Full name, permanent address, citizenship number, current address (if different) |
| 4 | Subject | "Sambandhavichhed" (divorce) — states the nature of the petition |
| 5 | Marriage details | Date of marriage, place of marriage, how marriage was solemnized (religious ceremony, court marriage, etc.) |
| 6 | Children details | Names, ages, current living arrangements of all children (if any) |
| 7 | Grounds for divorce | Specific legal grounds under Section 94 (husband) or Section 95 (wife) with supporting facts and evidence |
| 8 | Factual narrative | Chronological description of events leading to the breakdown of the marriage |
| 9 | Relief sought | Property partition, alimony, child custody, maintenance — state each clearly |
| 10 | List of evidence | Documents, photographs, medical reports, police reports, witness list |
| 11 | Legal provisions | References to Muluki Civil Code sections (93–104) and any other applicable law |
| 12 | Verification and signature | Petitioner's signature, date, place — with statement that facts stated are true |
| # | Document | Notes |
|---|---|---|
| 1 | Citizenship certificates of both spouses | Original + photocopy — front and back, clear and legible |
| 2 | Marriage certificate (विवाह दर्ता प्रमाणपत्र) | If registered at Ward Office; if not registered, alternative proof of marriage required |
| 3 | Proof of marriage (alternative) | Wedding photos, invitation card, witness statements — if formal marriage registration was not done |
| 4 | Evidence supporting grounds | Medical reports (for cruelty/injury), police reports (for DV), photos, electronic communications |
| 5 | Property documents | Land ownership certificates (lalpurja), vehicle registration, bank statements — if claiming property partition |
| 6 | Children's birth certificates | Required if child custody is sought |
| 7 | Income proof | Salary slips, tax returns, business registration — relevant for alimony and maintenance claims |
| 8 | Passport-size photographs | Recent photographs of the petitioner |
| 9 | Power of Attorney | Required if filing from abroad — executed at Nepal Embassy/Consulate |
| 10 | Previous court orders | Any existing orders related to separation, maintenance, or domestic violence protection |
| Grounds (Husband — Section 94) | Grounds (Wife — Section 95) |
|---|---|
| Wife living separately 3+ years without consent | Husband living separately 3+ years without consent |
| Wife deprives husband of maintenance or expels from home | Husband deprives wife of maintenance or expels from home |
| Wife causes or conspires to cause grievous hurt | Husband causes or conspires to cause grievous hurt |
| Wife proven to have sexual relations with another person | Husband proven to have sexual relations with another woman |
| — | Husband marries another woman (bigamy) |
| — | Husband proven to have raped the wife |
Note: The wife has two additional grounds (bigamy and marital rape) that are not available to the husband. For mutual consent under Section 93, no grounds need to be stated — both spouses simply agree to end the marriage. For a full analysis of divorce grounds, see our guide on divorce law in Nepal.
| Step | Action | Timeline |
|---|---|---|
| 1 | Consult a divorce lawyer — discuss grounds, evidence, strategy | 1–3 days |
| 2 | Lawyer drafts the divorce petition based on your case facts and legal grounds | 2–5 days |
| 3 | Gather all required documents — citizenship, marriage proof, evidence, property docs | 1–2 weeks |
| 4 | File the petition at the concerned District Court with supporting documents and court fee | 1 day |
| 5 | Court registers the case and assigns a case number | Same day or next day |
| 6 | Court issues summons to respondent — served through court officials | 1–4 weeks |
| 7 | Respondent files written reply (pratiuttar) within 21 days (extendable by 15 days) | 21–35 days |
| 8 | Court initiates mediation between both spouses — mandatory reconciliation attempt | 1–3 months |
| 9 | If mediation fails, court proceedings begin — evidence, witnesses, arguments | 3–12 months |
| 10 | Court issues divorce decree (faisala) — legally dissolves the marriage | 1+ year (contested) / days (mutual) |
When both spouses agree to divorce, the process is significantly simpler. The key document is the milapatra (मिलापत्र) — a written settlement agreement:
| Element | Details |
|---|---|
| What it contains | Agreement on property division, alimony, child custody, maintenance — signed by both spouses |
| Legal basis | Section 93 — divorce by mutual consent of husband and wife |
| Both spouses present | Both must appear at court (or through POA if abroad) |
| Mediation | Court still attempts reconciliation — but grants divorce if both parties confirm their decision |
| Timeline | Can be completed in a few days to weeks — fastest divorce route in Nepal |
| Children's rights | Any agreement that harms minor children's rights is invalid — court reviews custody terms |
| Finality | Court issues divorce decree immediately upon confirming mutual consent and reviewing the milapatra |
For a detailed walkthrough of the mutual consent process, see our guide on divorce by mutual consent in Nepal.
Nepali citizens living abroad can file a divorce petition without physically being in Nepal:
| Requirement | Details |
|---|---|
| Legal basis | Section 153 of the Muluki Civil Code — any person may appoint a legal representative for court proceedings |
| Power of Attorney | Execute at Nepal Embassy or Consulate — signed in person before the verifying officer |
| POA holder | Must be a Nepali citizen currently residing in Nepal |
| What POA covers | Filing the petition, submitting documents, attending hearings, accepting decisions |
| Mutual consent from abroad | Both spouses can execute POAs — takes 3–6 months typically |
| Contested from abroad | 12–18 months typically due to communication delays |
| Foreign nationals | Must appear in person — POA not available for persons who have renounced Nepali citizenship |
For the complete process, see our detailed guide on divorce filing from abroad in Nepal.
| Component | Approximate Amount |
|---|---|
| Base filing fee | NPR 500–2,000 (varies by court) |
| Property claim fee | Percentage of claimed property value — calculated by court clerk |
| Stamp paper | As per court requirements |
| Lawyer's fee | Varies — depends on case complexity, lawyer experience, and whether contested or mutual |
| Document preparation | Translation, notarization, photocopying costs |
| POA costs (if abroad) | Embassy fees + attestation + courier |
While there is no official fill-in-the-blank form, every divorce petition filed at a Nepal District Court follows this established structure. Your lawyer drafts the actual petition in Nepali based on these sections:
| Section | Heading (Nepali) | Content |
|---|---|---|
| 1. Court | श्री जिल्ला अदालत, [जिल्ला] | Name of the District Court where the petition is being filed |
| 2. Case type | विषय: सम्बन्धविच्छेद | "Subject: Divorce" — identifies the nature of the case |
| 3. Petitioner | निवेदक / वादी | Full name, permanent address, temporary address, citizenship number, age, father's/mother's name, occupation |
| 4. Respondent | विपक्षी / प्रतिवादी | Full name, permanent address, current address, citizenship number, relationship to petitioner (husband/wife) |
| 5. Marriage facts | विवाह सम्बन्धी विवरण | Date of marriage, place, type of ceremony (court or religious), marriage registration details (if registered) |
| 6. Children | सन्तान विवरण | Names, ages, dates of birth, current living arrangement of all children born from the marriage |
| 7. Factual narrative | घटनाको विवरण | Chronological account of events leading to the breakdown — specific incidents, dates, witnesses, and how grounds under Sections 94/95 are met |
| 8. Legal grounds | कानूनी आधार | Specific sections of the Muluki Civil Code cited — Section 94 (husband's grounds) or Section 95 (wife's grounds) or Section 93 (mutual consent) |
| 9. Property | सम्पत्ति विवरण | Joint property details — land, house, vehicles, bank accounts. Section 99 requires property partition before or during divorce — must be claimed in the petition itself. |
| 10. Relief sought | माग दाबी | What the petitioner wants: divorce, property share, alimony (Section 100), child custody, maintenance |
| 11. Evidence list | प्रमाण सूची | List of all documents, photographs, medical reports, and witnesses being submitted |
| 12. Verification | सत्यापन | Petitioner's statement that all facts are true, signature, thumb print (if illiterate), date, place |
| 13. Lawyer's details | कानून व्यवसायी | Advocate's name, bar council number, contact details, signature |
Important: This is the structural outline — the actual petition is a detailed legal document drafted in formal Nepali. Each section can span multiple pages depending on the complexity of the case. The factual narrative (Section 7) is the most critical part — it must clearly establish the grounds for divorce with specific dates, events, and evidence references. Property details under Section 9 are mandatory per Section 99 of the Civil Code, which requires partition to be addressed before the court can finalize the divorce.
| Document | What It Is | Where to Get It |
|---|---|---|
| Divorce decree (faisala) | Final court order dissolving the marriage — the primary legal proof of divorce | District Court that decided the case — request certified copy |
| Divorce certificate | Separate document issued after divorce — used for remarriage, visa, and official purposes | Ward Office of permanent address — apply with divorce decree |
| Updated citizenship record | Civil status updated from "married" to "divorced" in government records | Ward Office / Municipality — bring divorce decree |
| Property partition deed | If property was divided during divorce — legally registered land/property transfer | Land Revenue Office — execute with court order |
| Mistake | Consequence | How to Avoid |
|---|---|---|
| Wrong court jurisdiction | Petition rejected — must refile in correct court | File in the district where either spouse currently resides |
| Incomplete grounds | Court may reject or dismiss — grounds must match Sections 94/95 exactly | Hire a lawyer to draft the petition with correct legal references |
| Missing marriage proof | Court cannot proceed without evidence of valid marriage | Gather marriage certificate, photos, witnesses before filing |
| Filing without evidence | Weak case — respondent may successfully contest | Collect medical reports, police reports, witness statements before filing |
| Not claiming property partition | Lose right to claim — must be requested before or during divorce | Include property claim in the petition itself; Section 99 requires partition before divorce |
| Name mismatch in documents | Court delays while identity is verified | Ensure names match across citizenship, marriage certificate, and petition |
| # | Key Point |
|---|---|
| 1 | No standard government divorce form — petition is drafted by a lawyer based on case facts |
| 2 | Must be in Nepali and filed at the District Court of either spouse's residence |
| 3 | Mutual consent: joint petition + milapatra → divorce in days/weeks |
| 4 | Contested: single-spouse petition under Sections 94/95 → minimum 1 year |
| 5 | 12 essential sections in the petition: court ID, parties, marriage, grounds, relief, evidence, signature |
| 6 | Key documents: citizenship certificates, marriage proof, evidence, property docs, children's birth certs |
| 7 | Filing from abroad: through Power of Attorney at Nepal Embassy/Consulate |
| 8 | Property partition must be claimed before or during divorce — not after |
| 9 | Respondent gets 21 days to reply; court must attempt mediation before proceeding |
| 10 | After divorce: get certified decree copy from court + divorce certificate from Ward Office |
A divorce paper in Nepal is the formal legal document — called a divorce petition (sambandhavichhed nibedan) — filed at the District Court to initiate divorce proceedings. It contains the petitioner's details, marriage information, grounds for divorce, and the relief sought (property partition, alimony, child custody). The petition is governed by Chapter 3 of the Muluki Civil Code, 2074.
There is no standardized government-issued divorce form in Nepal. The divorce petition is drafted by a lawyer based on the specific facts of the case. The District Court provides general guidelines, but the petition format follows established legal practice rather than a fill-in-the-blank form.
Nepal does not have an official online divorce form for download. The divorce petition must be drafted by a lawyer specific to your case and filed in person (or through a Power of Attorney holder) at the concerned District Court. Sample formats are available from lawyers for reference, but they are not official government documents.
Required documents include:
Mutual consent petition: Joint application by both spouses agreeing to divorce — simpler, shorter, no need to prove fault. Court grants divorce immediately after mediation attempt. Contested petition: Filed by one spouse citing specific grounds under Sections 94–95 of the Civil Code — requires evidence, witness testimony, and court hearings. Takes minimum 1 year if the other spouse refuses to agree.
A divorce petition must include: full names and addresses of both spouses, marriage date and place, citizenship certificate numbers, grounds for divorce (with supporting facts), details of children (if any), property details, relief sought (partition, alimony, custody), and the petitioner's signature with date.
The court fee for filing a divorce petition at the District Court is nominal — typically a few hundred to a few thousand NPR depending on whether property claims are included. If the petition includes a property partition claim, the court fee is calculated as a percentage of the property value. The court clerk provides the exact fee at the time of filing.
Yes. Nepali citizens living abroad can file through a Power of Attorney (Adhikrit Wareshnama) executed at the Nepal Embassy or Consulate. The POA holder — a Nepali citizen in Nepal — files and attends all proceedings on your behalf. See our detailed guide on divorce filing from abroad.
The divorce petition must be in Nepali — the official language of Nepal's courts. All supporting documents in other languages must be accompanied by certified Nepali translations. The court does not accept petitions in English or other languages.
Milapatra is a written settlement agreement between both spouses in a mutual consent divorce. It records the agreed terms on property division, alimony, child custody, and other matters. Once both parties sign the milapatra and present it to the court, the court can grant the divorce based on this agreement. It is essentially the document that formalizes the mutual consent.
Mutual consent: If both spouses agree, the court grants divorce within a few days to weeks after filing the joint petition and completing mediation formalities. Contested (one-sided): Minimum 1 year from the date of filing, as mandated by the Muluki Civil Code. Complex cases with property disputes or custody battles may take 1.5–2+ years.
After filing: (1) Court registers the case and assigns a case number, (2) Court issues summons to the respondent spouse — 21 days to reply, (3) Respondent files written reply, (4) Court attempts mediation between both parties, (5) If mediation fails, court proceedings begin — evidence, witnesses, hearings, (6) Court issues final divorce decree.
The respondent cannot prevent the divorce petition from being filed. If the respondent refuses to accept the court summons, the court can serve notice through publication in a national newspaper. If the respondent does not appear after proper service, the court may proceed ex-parte (without their participation) and grant the divorce based on the petitioner's evidence.
The divorce decree (faisala) is the final court order that legally dissolves the marriage. It specifies: the date of divorce, property partition details, alimony (if awarded), child custody arrangement, and any other orders. The decree is issued by the District Court judge. Either party can appeal to the High Court within 35 days.
While not legally mandatory, hiring a divorce lawyer in Nepal is strongly recommended. The petition must be drafted in legal Nepali with correct section references, grounds, and relief claims. Errors in the petition can cause delays or rejection. A lawyer ensures proper drafting, document preparation, and court representation throughout the proceedings.
At Nepal Divorce Services, Nepal's first specialized divorce law firm, we understand that taking the first step toward divorce can feel overwhelming. Our experienced divorce lawyers are here to guide you through the legal process and help you move forward with confidence and clarity.
Whether you're inside or outside Nepal and need assistance with filing a divorce case, our services are accessible worldwide. Contact us at +977 9841114443, on WhatsApp, or Viber.
