New Divorce Process in Nepal (2026) – Easy Guide to all the Latest Provisions

Divorce in Nepal is a legally sanctioned process through which a marital relationship is formally terminated under the Muluki Civil Code, 2074 (2017). While divorce was once heavily stigmatized in Nepal’s traditionally conservative and patriarchal society, social perceptions are gradually changing. Today, both spouses enjoy equal legal standing to initiate divorce proceedings. Despite this legal equality, women often continue to face stronger social judgment and economic vulnerability after separation.

Typical reasons for divorce in Nepal include incompatibility between spouses, domestic violence, infidelity, refusal to provide maintenance, and long-term separation. As awareness of personal autonomy, gender equality, and legal rights increases, more individuals are opting for lawful marital dissolution, signaling an important transformation in Nepalese social norms.

Laws Regulating Divorce in Nepal

The substantive legal provisions governing divorce are contained in Chapter 3, Sections 93 to 104 of the Muluki Civil Code, 2074. Procedural aspects are guided by the following laws:

• Muluki Civil Code, 2074
• Muluki Civil Procedure Code, 2074

Legal Grounds for Divorce in Nepal

Grounds for Divorce Filed by the Husband

A husband is legally entitled to seek divorce if:

1. His wife has lived separately for three continuous years without his consent, except in cases of lawful separation.
2. His wife refuses to provide maintenance or forces him out of the marital home.
3. His wife subjects him to severe physical or mental abuse.
4. His wife is proven to have engaged in extra-marital sexual relations.

Grounds for Divorce Filed by the Wife

A wife may file for divorce if:

1. Her husband has lived separately for three continuous years without her consent, except in lawful separation.
2. Her husband denies maintenance or expels her from the marital home.
3. Her husband inflicts serious physical or mental cruelty.
4. Her husband enters into another marriage.
5. Her husband maintains sexual relations with another woman.

Types of Divorce in Nepal

Divorce under Nepali law can be broadly classified into:

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

Contested Divorce in Nepal (Without Mutual Consent)

When one spouse seeks divorce against the will of the other, the matter proceeds as a contested case.

Step-by-Step Procedure

1. Filing of Divorce Petition

   The aggrieved spouse files a divorce plaint in the concerned District Court stating valid legal grounds.

2. Issuance of Court Notice

   The court serves notice to the other spouse, requiring a formal response.

3. Submission of Written Statement

   The defendant submits a written reply either accepting or denying the allegations.

4. Mandatory Mediation

   The court initiates mediation to explore the possibility of reconciliation.

5. Evidence and Witness Examination

   If mediation fails, the court conducts hearings, examines witnesses, and reviews evidence.

6. Compulsory Property Partition

   Marital property must be divided before the divorce can be finalized.

7. Final Judgment

   Upon satisfaction that legal grounds are established, the court issues a divorce decree.

Time Frame

A contested divorce may take one year or longer, depending on the complexity of the case and court proceedings.

Divorce by Mutual Consent in Nepal

Divorce by mutual consent is generally quicker, less adversarial, and emotionally less burdensome.

Procedure

1. Filing a divorce application in the District Court
2. Written consent from both spouses
3. Submission of a joint divorce petition
4. Court verification to ensure free and voluntary consent
5. Optional mediation
6. Mutual agreement on property division, alimony, and child custody
7. Final hearing
8. Issuance of divorce decree

Time Frame

A mutual consent divorce can often be completed within 2–3 working days.

Required Documents for Divorce in Nepal

• Divorce plaint or application
• Marriage registration certificate
• Marriage photographs (if marriage is unregistered)
• Citizenship certificates of both spouses
• Passport-size photographs
• Temporary residence recommendation (if applicable)
• Child’s birth certificate (if applicable)

Divorce Process for NRNs and Nepalis Living Abroad

Nepali citizens residing outside Nepal may file for divorce through a Power of Attorney (PoA).

Procedure

1. Appoint a legal representative in Nepal
2. Notarize and authenticate the PoA through the Nepalese Embassy or Consulate
3. Send the authenticated document to Nepal for court submission
4. The divorce case proceeds under the standard legal process in Nepal

Legal Matters After Divorce in Nepal

1. Property Division

Division of marital property is mandatory before the final divorce order. However, the wife may be deprived of property rights or alimony if the divorce is granted due to:

• Refusal to provide maintenance
• Acts of cruelty
• Proven adultery

2. Alimony (Maintenance)

According to Section 100 of the Muluki Civil Code, 2074, alimony may be awarded in the form of:

• Lump-sum payment
• Monthly or annual maintenance

Either spouse may claim alimony based on financial dependence, subject to judicial discretion.

3. Child Custody After Divorce

Custody decisions prioritize the best interests of the child:

• Children below 5 years: Generally remain with the mother
• Children above 5 years: May stay with the mother if she has not remarried
• Children above 10 years: The child’s preference is considered
• Visitation rights are typically granted to the non-custodial parent

4. Remarriage After Divorce

Both men and women are legally free to remarry once the court issues the divorce decree. No mandatory waiting period applies.

Conclusion

Nepal’s divorce framework under the Muluki Civil Code, 2074 provides a detailed and balanced legal mechanism for ending marriages with fairness and dignity. Whether pursued through mutual agreement or contested litigation, the law emphasizes mediation, equitable property division, child welfare, and financial protection. As societal attitudes continue to evolve, Nepal’s divorce laws increasingly support individual autonomy and empower spouses, particularly women, to assert their legal rights and rebuild their lives with confidence.