Things You Should Know About Divorce In Nepal

Legal Grounds For Divorce

In Nepal, there are specific legally recognized reasons, known as grounds that allow individuals to seek a divorce. These include situations like:

Adultery

Adultery refers to one spouse engaging in sexual relations with someone other than their spouse. If one party commits adultery, it can be considered a valid reason for the other party to seek a divorce.

Cruelty

Cruelty involves the infliction of physical or mental harm, or the creation of an environment that is hostile, abusive, or intolerable for the other spouse. If a spouse is subjected to cruelty, they may seek a divorce on this ground.

Abandonment

Abandonment occurs when one spouse leaves the marital home and ceases to fulfill their marital responsibilities without valid reason or consent from the other spouse. This can be a basis for seeking a divorce.

Mental Illness

If one spouse suffers from a severe mental illness that significantly impairs their ability to carry out their marital duties, it can be a valid ground for divorce.

Incurable Diseases:

Incurable diseases refer to serious illnesses or conditions that are not treatable and have a substantial impact on the marriage. In such cases, seeking a divorce is considered a valid option.

These legal grounds provide a framework for individuals to seek a divorce if they find themselves in situations where their marriage has become untenable due to factors like infidelity, mistreatment, abandonment, severe mental health issues, or debilitating illnesses. It's important to note that the specific legal requirements and procedures for divorce based on these grounds may vary, and consulting with a qualified family lawyer in Nepal is advisable for personalized guidance.

Equal Property Division

According to the Civil Code of Nepal 2074 (2017), property acquired by a couple during their marriage is considered joint property. In the event of a divorce, this property is divided equally between the spouses.

Mandatory Mediation

Before initiating divorce proceedings, Nepali law requires couples to undergo a mediation process. This process aims to help the spouses reconcile their differences and potentially avoid divorce.

Divorce By Mutual Consent:

In Nepal, spouses have the option to seek a divorce by mutual consent. This implies that if both parties agree to the divorce and have been living separately for a minimum of one year, the process can be expedited. This provision is designed to facilitate a more streamlined and cooperative approach to divorce proceedings when both spouses are in agreement about ending their marriage.

Recognition Of Foreign Divorce

A divorce obtained in a foreign country can be legally recognized in Nepal if it complies with the laws of that country and upholds principles of natural justice.

Restrictions On Remarriage:

For Nepali citizens, there are specific waiting periods and conditions that must be met before they can legally remarry after a divorce. For example, after the district court has effected divorce, both parties have to wait at least 60 days of time to allow the other party to file an appeal in the high court if they wish.

Alimony And Child Support:

Nepali law provides for the payment of alimony (financial support for a former spouse) and child support. The amount is determined based on the financial capacity of the party responsible for making the payments.

Protection Of Women's Rights

The legal framework in Nepal includes provisions to safeguard the rights of women during divorce proceedings. This includes measures related to maintenance and child custody.

Inheritance Rights Of Divorced Women:

Even after divorce, women have the right to inherit property from their ex-spouse's family, particularly if they have children together.

Court Jurisdiction:

Divorce cases in Nepal are typically heard in the district court where either spouse resides, or where the last shared residence was located.

Census Report On Marriage/Divorce

Table 1: Divorce Status Report of Kathmandu, Bhaktapur, Lalitpur, and Kavrepalanchowk; District

District	Number of Divorce	Separated
Kavrepalanchowk	433	1626
Lalitpur	974	2028
Bhaktapur	620	1424
Kathmandu	3172	7411

Table 2: Divorce Status Report of Darchula, Baitadi, Dadeldhura, and Doti:

District	Number of Divorce	Separated
Darchula	52	142
Baitadi	76	230
Dadeldhura	59	224
Doti	60	221

From the tables above, it is evident that the divorce rate is increasingly high in urban areas of Nepal compared to rural parts of Nepal. Table 1 & 2 exhibits the number of people who are divorced/separated in the Urban areas (Compared to Table 2) and rural area respectively. The comparison suggests that the divorce or separation rate is almost double in urban areas.

Table 3

Single women	Till Census 2011	Census 2021
Total Percentage	1.5%	7.3%

Source: 12th National Census report

Conclusion

The reason behind the increasing divorce/separation rate is due to education, financial independence, awareness among women about their rights, resistance to gender-based violence, and other socio-economic reasons.