New Divorce Process in Nepal (2080) – Easy Guide to all the Latest Provisions

Divorce is the legal termination of a marriage between two spouses. It can be a difficult and stressful process, especially when there are disputes over property, custody, alimony, or other issues. However, the divorce process in Nepal has been simplified and updated by the new Civil Code 2074 (2017), which came into effect from 1st Shrawan 2075 (17th July 2018). This article will provide you with an easy guide to all the latest provisions of the divorce process in Nepal.

Two Ways to Get a Divorce in Nepal

There are two ways to get a divorce in Nepal: by mutual consent or by filing a petition in the court. The following sections will explain each method in detail.

Divorce by Mutual Consent

This is the easiest and fastest way to get a divorce in Nepal. If both spouses agree to end their marriage, they can do so by signing a written agreement and submitting it to the concerned District Court. The agreement should include the following details:

• The reason for the divorce
• The division of property, assets, and liabilities
• The arrangement of alimony, if any
• The custody and maintenance of children, if any
• The waiver of any future claims or disputes

The court will verify the agreement and grant the divorce within 2 days if there are no objections from any third parties. The divorce will be effective from the date of the court's decision.

Divorce by Filing a Petition

If one spouse wants to get a divorce but the other spouse does not consent, the former can file a petition in court, stating the grounds for the divorce. The court will then issue a notice to the other spouse, asking for a reply within 35 days. The court will also appoint a mediator to help the spouses resolve their issues amicably. If the mediation fails, the court will proceed with the trial and decide the case based on the evidence and arguments presented by both parties.

Grounds for Divorce for Husbands

A husband can file for divorce if his wife:

• Has been living separately for three or more consecutive years without his consent, except in cases of legal separation or partition
• Has deprived him of maintenance or expelled him from the house
• Has committed an act or conspiracy that could cause his death, disability, or severe physical or mental suffering
• Has had sexual intercourse with another man

Grounds for Divorce for Wives

A wife can file for divorce if her husband:

• Has been living separately for three or more consecutive years without her consent, except in cases of legal separation or partition
• Has deprived her of maintenance or expelled her from the house
• Has committed an act or conspiracy that could cause her death, disability, or severe physical or mental suffering
• Has married another woman
• Has had sexual intercourse with another woman
• Has raped her

Automatic Divorce

In some cases, the marriage is automatically dissolved by law, without the need for any court proceedings. These cases are:

• If the marriage was performed without the free consent of both spouses
• If the marriage was incestuous and punishable by law
• If the wife married another man before getting a divorce from her previous husband

Effects of Divorce

Divorce has several legal and social effects on the spouses and their children, such as:

• The marital relationship between the spouses ends and they are free to remarry
• The property, assets, and liabilities of the spouses are divided according to the agreement or the court's decision
• The alimony, if any, is paid by one spouse to the other according to the agreement or the court's decision
• The custody and maintenance of the children, if any, are determined by the agreement or the court's decision
• The inheritance rights of the spouses and the children are affected by the divorce
• The social status and reputation of the spouses and the children may change due to the divorce

Conclusion

Divorce is a legal process that terminates a marriage between two spouses. It can be done by mutual consent or by filing a petition in the court, depending on the circumstances and the grounds for divorce. The new Civil Code 2074 (2017) has simplified and updated the divorce process in Nepal, making it easier and faster for spouses to end their marriage. However, divorce also has several legal and social effects on the spouses and their children, which should be considered carefully before taking any decision. If you need any legal assistance or advice regarding divorce in Nepal, please contact us. We are a team of experienced and professional lawyers who can help you with your divorce case.