How to file for divorce in Nepal: A step-by-step guide

Divorce is the legal termination of marriage between a husband and a wife. Divorce can have various legal, social, and emotional implications for both parties. In Nepal, divorce is regulated by the Civil Code 2074 (2017), which provides two ways to obtain a divorce: by mutual consent or by filing a case in the district court.

In this article, we will explain how to file for divorce in Nepal by following these steps:

Step 1: Decide on the grounds for divorce

The first step is to decide on the grounds for divorce, which are the reasons why you want to end your marriage. The Civil Code 2074 provides different grounds for divorce for both the husband and the wife, such as:

• Living separately for three or more consecutive years without consent
• Depriving the other spouse of maintenance costs or expelling him or her from the house
• Committing an act or fraud likely to cause death or grievous hurt or other severe physical or mental pain to the other spouse
• Having sexual intercourse with another person
• Marrying another person
• Raping the other spouse

You have to choose one or more of these grounds and provide evidence to support your claim.

Step 2: File an application in the district court

The next step is to file an application in the district court of the district where you reside. You have to fill out a form that contains your personal details, your spouse's details, your marriage details, your grounds for divorce, and your requests for alimony, child custody, child support, property division, and debt allocation. You also have to attach copies of your citizenship certificate, marriage certificate, birth certificates of your children (if any), and any other relevant documents.

Step 3: Receive a notice from the court

After you file your application, the court will issue a notice to your spouse informing him or her about your divorce petition. The notice will also contain the date and time of the first hearing. The notice will be delivered to your spouse by the court staff or by registered mail.

Step 4: Attend the first hearing

The first hearing is when you and your spouse appear before the judge and present your cases. You can hire a lawyer to represent you or you can represent yourself. You have to bring all your original documents and evidence with you. The judge will listen to both sides and try to reconcile them if possible. If reconciliation is not possible, the judge will proceed with the trial.

Step 5: Negotiate a settlement

During the trial, you and your spouse can try to negotiate a settlement on the issues related to alimony, child custody, child support, property division, and debt allocation. You can do this with or without the help of your lawyers. If you reach a settlement, you have to draft a separation agreement or a consent decree that reflects the terms of the settlement. You have to sign it and submit it to the court for approval.

Step 6: Receive a court order

If you do not reach a settlement, the judge will decide on these issues based on various factors such as income, assets, liabilities, needs, age, health, education, occupation, contribution to marriage, fault, etc. The judge will issue a court order that determines whether to grant or deny the divorce and how to divide the rights and obligations between you and your spouse. The court order will also specify how to enforce or modify it if there are any changes in circumstances or violations by either party.

Step 7: Obtain a divorce certificate

The final step is to obtain a divorce certificate from the court that confirms that your marriage has been legally dissolved.