Divorce Process in Nepal: New Divorce Law in Nepal (2026)

The divorce process in Nepal is a legally recognized procedure that formally dissolves a marriage under the Muluki Civil Code 2074 (2017). Although divorce was traditionally viewed as socially unacceptable in Nepal’s conservative and patriarchal society, attitudes are gradually evolving. Today, both husbands and wives have equal legal rights to seek divorce. However, women still often face greater social pressure and financial insecurity.

Common grounds for divorce in Nepal include marital incompatibility, domestic violence, infidelity, denial of maintenance, and prolonged separation. With growing awareness of gender equality and individual rights, more people are choosing lawful separation, reflecting a significant shift in Nepalese society.

Laws Governing Divorce in Nepal

Substantive provisions related to divorce are outlined in Chapter 3, Sections 93 to 104 of the Muluki Civil Code 2074.

The divorce procedure is primarily guided by:

• Muluki Civil Code 2074
• Muluki Civil Procedure Code 2074

Grounds for Divorce in Nepal

Grounds for Divorce by Husband

A husband may file for divorce if:

1. The wife has lived separately for three consecutive years without consent, except in lawful separation.
2. The wife denies maintenance or expels him from the marital home.
3. The wife commits acts causing serious physical or mental harm.
4. The wife is proven to have extra-marital sexual relations.

Grounds for Divorce by Wife

A wife may seek divorce if:

1. The husband lives separately for three consecutive years without consent, except lawful separation.
2. The husband denies maintenance or expels her from the home.
3. The husband inflicts serious physical or mental cruelty.
4. The husband contracts another marriage.
5. The husband engages in sexual relations with another woman.

Types of Divorce in Nepal

Divorce in Nepal can be obtained through:

• Divorce by Mutual Consent
• Contested Divorce (Divorce Without Consent)

Contested Divorce Process in Nepal (Without Mutual Consent)

Step-by-Step Procedure

1. Filing of Divorce Petition

The aggrieved spouse files a plaint in the concerned District Court citing legal grounds for divorce.

2. Court Notice to Defendant

The court issues a notice to the other spouse, asking for a response.

3. Written Statement by Defendant

The defendant submits a written reply either accepting or contesting the claims.

4. Mediation Process

Mandatory mediation is initiated to explore reconciliation possibilities.

5. Examination of Witnesses

If mediation fails, the court proceeds with trial, evidence submission, and witness examination.

6. Mandatory Property Division

Division of marital property must be completed before finalizing the divorce.

7. Final Court Judgment

After reviewing all facts and evidence, the court issues a divorce decree if grounds are proven.

Time Duration

A contested divorce in Nepal may take more than one year, depending on complexity.

Divorce by Mutual Consent in Nepal

A mutual consent divorce is faster, simpler, and less emotionally taxing.

Procedure

1. Filing of divorce application in District Court
2. Written consent from the other spouse
3. Submission of joint divorce petition
4. Court verification of free consent
5. Optional mediation
6. Agreement on property division, alimony, and child custody
7. Final hearing
8. Issuance of divorce decree

Time Duration

Mutual consent divorce can be completed within 2–3 working days.

Documents Required for Divorce in Nepal

• Divorce plaint
• Marriage registration certificate
• Marriage photographs (if unregistered)
• Citizenship certificates
• Passport-size photographs
• Temporary residence recommendation (if applicable)
• Child’s birth certificate (if applicable)

Divorce Process for NRNs or Persons Living Abroad

Nepali citizens residing abroad must issue a Power of Attorney (PoA) to file for divorce in Nepal.

Steps:

1. Appoint a legal representative in Nepal
2. Notarize and authenticate PoA through the Nepalese Embassy
3. Send the document to Nepal for court registration
4. The remaining divorce procedure remains the same.

Legal Issues After Divorce in Nepal

1. Property Partition

Property division is mandatory before divorce finalization. However, the wife may be denied property or alimony if divorce is granted due to:

• Denial of maintenance
• Acts of cruelty
• Proven adultery

2. Alimony in Nepal

Under Section 100 of Muluki Civil Code 2074, alimony may be granted as:

• Lump sum
• Monthly or annual maintenance
• Either spouse may claim alimony based on financial dependency, subject to court discretion.

3. Child Custody After Divorce

Child custody decisions are based on the best interest of the child:

• Below 5 years: Custody generally with mother
• Above 5 years: Custody may remain with mother if unmarried
• Above 10 years: Child’s preference is considered
• Visitation rights are usually granted to the non-custodial parent.

4. Remarriage After Divorce

Both men and women may legally remarry after divorce once the court issues a divorce decree. No waiting period is required.

Conclusion

The divorce law in Nepal, governed by the Muluki Civil Code 2074, offers a comprehensive legal framework for dissolving marriages with dignity and fairness. Whether through mutual consent or contested proceedings, the law emphasizes mediation, property rights, child welfare, and financial security. As social attitudes continue to evolve, Nepal’s divorce system increasingly empowers individuals, especially women, to exercise their legal rights and move forward with confidence.