How to File for Divorce in Nepal: A Complete Guide

Divorce is the legal termination of a marriage relationship between two spouses. It can be a difficult and stressful process that involves emotional, financial and legal aspects. In Nepal, there are two ways to get a divorce: with mutual consent or by court order. In this article, we will explain the complete process of filing for divorce in Nepal, the documents required, the time duration, and some frequently asked questions.

Divorce with Mutual Consent

According to Article 93 of the Civil Code 2074, the spouses can dissolve their marriage at any time if they both agree to a divorce. This is the easiest and fastest way to get a divorce in Nepal, as it does not require any grounds or reasons for the divorce. The spouses just need to submit a joint petition to the district court where they reside or where they got married, stating their consent and agreement on the following matters:

• The division of property and assets
• The custody and support of children (if any)
• The alimony or maintenance (if any)

The district court will review the petition and the supporting documents, such as the marriage certificate, citizenship certificates, property documents, etc., and if satisfied, will approve the divorce within two working days. The spouses will then receive a divorce certificate that will cancel their marital status and make them eligible to remarry.

Advantages of Divorce with Mutual Consent

• It is quick and cheap, as it does not involve any lawyers or court hearings.
• It is less stressful and more peaceful, as it avoids any conflicts or disputes between the spouses.
• It is more respectful and dignified, as it preserves the privacy and reputation of the spouses.

Disadvantages of Divorce with Mutual Consent

• It may not be possible if one of the spouses does not agree or cooperate with the divorce.
• It may not be fair if one of the spouses is coerced or pressured into the divorce by the other spouse or by family members.
• It may not protect the rights and interests of the weaker spouse, especially in terms of property or alimony.

Divorce by Court Order

If the spouses cannot agree on a divorce with mutual consent, either of them can file a lawsuit for divorce by court order. This is a more complicated and lengthy process that requires proving certain grounds or reasons for the divorce. According to Article 94 of the Civil Code 2074, the grounds for divorce by court order are different for husbands and wives.

Grounds for Divorce by Court Order for Husbands

A husband can file for divorce by court order if:

• His wife has committed adultery
• His wife has deserted him for more than three years
• His wife has treated him cruelly or caused him physical or mental harm
• His wife has been suffering from an incurable mental illness.
• His wife has been sentenced to imprisonment for more than three years for a criminal offense

Grounds for Divorce by Court Order for Wives

A wife can file for divorce by court order if:

• Her husband has committed adultery
• Her husband has deserted her for more than three years
• Her husband has treated her cruelly or caused her physical or mental harm
• Her husband has married another woman or has kept another woman as his concubine
• Her husband has been suffering from an incurable or mental illness.
• Her husband has been sentenced to imprisonment for more than three years for a criminal offense
• Her husband has failed to provide her with maintenance or support

Procedure of Divorce by Court Order

The procedure of divorce by court order is briefly provided below:

• The spouse who wants to file for divorce must submit a petition to the district court where they reside or where they got married, stating the grounds and evidence for the divorce.
• The district court will issue a notice to the other spouse, asking them to reply to the petition within 35 days.
• The other spouse can either accept, ignore or refute the petition. If they accept or ignore the petition, the district court will proceed with the divorce. If they refute the petition, they must submit their defense and evidence within 35 days.
• The district court will try to reconcile the spouses and help them solve their issues amicably. If this fails, the district court will examine the evidence and arguments of both sides and decide whether to grant or deny the divorce.
• If the district court grants the divorce, it will also decide on the matters of property division, child custody and support,

Conclusion

Filing for divorce in Nepal can be a challenging and stressful process that requires careful consideration and preparation. Depending on whether the spouses agree or disagree on the divorce, they can choose between two options: divorce with mutual consent or divorce by court order. Each option has its own advantages and disadvantages, as well as different procedures and documents. Therefore, it is important to consult a lawyer or a legal expert before filing for divorce in Nepal, to ensure that the rights and interests of both parties are protected and respected.