The role of lawyers and courts in divorce disputes in Nepal

Divorce is the legal dissolution of marriage between a husband and a wife. Divorce can be a complex and contentious process that involves various legal issues such as grounds for divorce, alimony, child custody, child support, property division, and debt allocation. Therefore, the role of lawyers and courts in divorce disputes in Nepal is crucial to ensure that the rights and interests of both parties are protected and that the divorce is fair and reasonable.

According to the Civil Code 2074 (2017), which is the new law governing divorce in Nepal, there are two ways to obtain a divorce: by mutual consent or by filing a case in the district court. 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, or raping the other spouse.

The Role of Lawyers in Divorce Disputes

The role of lawyers in divorce disputes in Nepal is to provide legal advice and representation to their clients who are seeking a divorce or who are facing a divorce case filed by their spouse. Lawyers can help their clients in various ways, such as:

• Filing for divorce: Lawyers can help their clients file for divorce by mutual consent or by filing a case in the district court. They can also help their clients prepare and submit the necessary documents and evidence to support their grounds for divorce.
• Negotiating a settlement: Lawyers can help their clients negotiate a settlement with their spouse on issues such as alimony, child custody, child support, property division, and debt allocation. They can also help their clients draft a separation agreement or a consent decree that reflects the terms of the settlement.
• Litigating in court: If the parties cannot reach a settlement, lawyers can represent their clients in court and fight for their rights and interests. They can present evidence and arguments to support their case and cross-examine the witnesses and experts of the other party. They can also appeal the court's decision if necessary.
• Providing post-divorce support: Lawyers can help their clients enforce or modify the court's order or the settlement agreement if there are any changes in circumstances or violations by the other party. They can also help their clients deal with any post-divorce issues such as remarriage, relocation, or adoption.

The Role of Courts in Divorce Disputes

The role of courts in divorce disputes in Nepal is to adjudicate the divorce cases filed by either party and to issue orders or decrees that determine the legal status of the marriage and the rights and obligations of both parties. Courts can play different roles depending on whether the divorce is by mutual consent or by filing a case, such as:

• Approving the divorce by mutual consent: If both parties agree to divorce by mutual consent, they have to submit a joint application along with a separation agreement or a consent decree to the district court. The court has to verify that both parties have given their free and voluntary consent and that they have settled all issues related to alimony, child custody, child support, property division, and debt allocation. The court has to approve the divorce by mutual consent.
• Deciding the divorce case: If one party files a divorce case against the other party on any of the grounds provided by law, the district court has to hear and decide the case within six months of receiving it. The court has to examine the evidence and arguments presented by both parties and determine whether there are sufficient grounds for divorce. The court has to also decide on issues such as alimony, child custody, child support, property division, and debt allocation based on various factors such as income, assets, liabilities, needs, age, health, education, occupation, contribution to marriage, fault, etc.

The role of lawyers and courts in divorce disputes in Nepal is vital to ensure that the divorce process is conducted in accordance with law and justice. Lawyers and courts have to balance the interests of both parties and safeguard their rights while also considering the welfare of children and society. Divorce is not only a legal matter but also a social and emotional one that requires sensitivity and professionalism from lawyers and courts.