FAQs

Divorce law in Nepal is governed by Chapter Three of the National Civil (Code) Act, 2017 (2074). According to this law, there are two ways to obtain a divorce in Nepal: by mutual consent or by court order.

• Divorce by mutual consent means that both spouses agree to end their marriage and submit a joint petition to the relevant district court. The court will review the petition and the supporting documents, such as the marriage certificate, the citizenship certificate, the property details, the child custody agreement, etc., and grant the divorce if it deems it reasonable. Divorce by mutual consent is the fastest and easiest way to get a divorce in Nepal, as it can be concluded in two working days.
• Divorce by court order means that one spouse files a lawsuit against the other spouse for divorce without their consent. The court will issue a notice to the other spouse and hear both sides of the case. The court will grant the divorce if it finds sufficient grounds for divorce, such as living separately for three years, depriving the spouse of maintenance, causing physical or mental harm, committing adultery, marrying another person, etc. Divorce by court order is a lengthy and complex process, as it involves legal proceedings, evidence, witnesses, etc.

According to the Nepalese National Civil Code, divorce can be granted by mutual consent or by court order.The court can order divorce for reasons such as adultery, abandonment, cruelty, mental illness, imprisonment, or irreconcilable differences. Please read our article which explains Divorce Law in Nepal.

According to the Civil Code 2017, divorce in Nepal can be by mutual consent or by court order. Mutual consent divorce is quick and easy, as it only requires a joint petition and supporting documents. Court-order divorce is lengthy and complex, as it requires a lawsuit, a notice, and a hearing. The court will decide based on grounds like adultery, cruelty, or mental illness. The divorce process can take from 2 days to 3 years, depending on the case and the court.

Yes, women have equal rights to file for divorce in Nepal, according to The National Civil (Code) Act, 2017 (2074). Women can seek divorce by mutual consent or by court order, depending on the grounds and circumstances of their case.

Yes, according to Article 95 of the Nepalese National Civil Code, the couple must attend counseling before filing for a divorce in Nepal. The counseling aims to help the couple reconcile and save their marriage.

The custody of the children is determined by the court based on the best interests of the child. The court may grant joint or sole custody to either parent or another relative.

In Nepal, property is divided equally between the husband and wife in the event of a divorce. However, the court may decide to distribute the property based on the contributions made by each party during the marriage.

Yes, a divorced person can remarry in Nepal once the divorce is finalized.

While it is not mandatory to hire a lawyer to file for divorce in Nepal, it is highly recommended to have legal representation, especially in complex cases.

Yes, you can file for divorce in Nepal even if your spouse lives in a different country. Read our article: Divorce filing Process from Abroad in Nepal

The waiting period for a divorce in Nepal is six months. After the divorce petition is filed, the court will issue a summons to the other party, and they have six months to respond. If they do not respond, the court may proceed with the divorce.

Yes, a divorce can be granted without the other party's consent in Nepal if the grounds for divorce are established.

Yes, mediation is available as an alternative to divorce in Nepal. The mediation process aims to help the couple resolve their differences and reach an agreement without going to court.

The court's role in a divorce case in Nepal is to determine the grounds for divorce, the custody of the children, the division of property, and other relevant issues.

Yes, a woman can file for divorce even if she is pregnant in Nepal. However, the court may delay the proceedings until after the child is born.

The cost of filing for divorce in Nepal varies depending on the complexity of the case and the court fees.

If one party violates the terms of the divorce settlement in Nepal, the other party can file a contempt of court petition against them.

Yes, you can challenge the court's decision on the divorce settlement in Nepal by filing an appeal with a higher court.

Alimony is calculated based on the financial status and needs of the parties involved. The court may consider factors such as the duration of the marriage, the earning capacity of each party, and the standard of living during the marriage.

A mutual divorce in Nepal is a divorce that is initiated by both parties, and they agree on the terms of the divorce settlement.

Yes, you can get a divorce if your spouse is mentally ill in Nepal. However, the court may require medical evidence to support the claim.

Yes, adultery is one of the grounds for divorce in Nepal.

Yes, physical abuse is considered cruelty and is one of the grounds for divorce in Nepal.

Yes, addiction to drugs or alcohol can be considered mental illness and is one of the grounds for divorce in Nepal.

Yes, impotence can be considered a physical disability and is one of the grounds for divorce in Nepal.

The counselor's role in the divorce process in Nepal is to help the couple reconcile and save their marriage.

Yes, if your spouse refuses to attend counseling, you can still file for divorce in Nepal.

Yes, you can get a divorce if you have only been married for a short time in Nepal, as long as you can establish one of the grounds for divorce.

The role of the lawyer in a divorce case in Nepal is to represent the interests of their client and provide legal advice and guidance throughout the divorce process.

Yes, living separately is considered a valid ground for divorce in Nepal, but you must also establish that there is no chance of reconciliation.

Yes, you can get a divorce in Nepal even if you are not a citizen of the country, as long as you meet the residency requirements.

The process for filing for divorce in Nepal involves filling out a divorce petition and submitting it to the district court with jurisdiction over the area where the couple lives.

The length of the divorce process in Nepal varies depending on the complexity of the case and the backlog of cases in the court system. It can take several months to several years.

Witnesses may be called upon to testify in a divorce case in Nepal to provide evidence and support for one party's claims.

Yes, you can get a divorce if your spouse is abroad and cannot be located in Nepal, but you must take steps to ensure that they are notified of the divorce proceedings.

Yes, you can get a divorce if your spouse is in prison in Nepal, but the court may take into account the circumstances of the imprisonment when making decisions about custody and property division.

Yes, you can get a divorce if your spouse is in a coma in Nepal, but the court may require medical evidence to support the claim.

Yes, abandonment is one of the grounds for divorce in Nepal, but you must be able to establish that your spouse has been absent for a significant period of time without justification.

Yes, if both parties are willing to give up custody of their children, the court may grant a divorce on those terms.

Yes, domestic violence is a valid ground for divorce in Nepal. You may need to provide evidence of the abuse, such as medical reports or witness testimony.

In Nepal, property is typically divided equally between the spouses during a divorce. However, the court may take into account factors such as the length of the marriage, the financial contributions of each spouse, and the needs of any children.

In Nepal, child custody is typically awarded to the parent who is deemed to be the most suitable caregiver. The court will take into account factors such as the child's age, health, and well-being, as well as the parents' ability to provide for the child's needs.

Yes, you can get a divorce if your spouse is mentally ill in Nepal. However, you may need to provide medical evidence to support your claim.

Yes, impotence is a valid ground for divorce in Nepal. However, you may need to provide medical evidence to support your claim.

Yes, adultery is a valid ground for divorce in Nepal. However, you will need to provide evidence of the infidelity, such as witness testimony or photographs.

Having a criminal record is not a valid ground for divorce in Nepal. However, if the criminal behavior has had a negative impact on the marriage, it may be taken into account by the court when making decisions about custody or property division.

Yes, if both parties agree to separate amicably, they can file for divorce in Nepal and submit a joint petition. The court will still need to review the petition and make sure that the terms are fair and reasonable.

It may be more difficult to get a divorce if you do not have any evidence to support your claims, but it is still possible. The court will consider all of the available evidence and make a decision based on what it deems to be the most fair and reasonable outcome.

You can reach Nepal Divorce Services through multiple channels: WhatsApp and Viber for instant communication (available 24/7 for international clients), email for detailed queries, or by booking a free consultation through our website. As Nepal's specialized divorce and family law firm, we offer confidential consultations to understand your case and provide clear guidance on the divorce process, required documents, timeline, and legal options available to you.

Yes, the divorce certificate issued by Nepal's District Court is recognized internationally. To use it in foreign jurisdictions, you should get the certificate notarized from Department of National Personal Records (Rastriya Kitabkhana), then get attestation from the Ministry of Foreign Affairs of Nepal. Nepal Divorce Services can handle this complete authentication process, making your document valid for use in any country.

Yes, a wife can file for one-sided divorce without her husband's consent under specific legal grounds: if the husband has lived separately for 3+ years, deprived her of maintenance, committed physical or mental cruelty, married another woman, had extramarital relations, or committed marital rape. The wife is entitled to property partition and may receive alimony based on the husband's income until partition is completed.

Child custody in Nepal follows these rules: Children below 5 years remain with the mother regardless of remarriage. Children above 5 years stay with the mother unless she remarries. After age 10, the court considers the child's own preference. Both parents retain obligations toward children even after divorce, including financial support. The non-custodial parent typically receives visitation rights as determined by the court.

Nepal law mandates equal property division between husband and wife during divorce. The wife is entitled to an equal share of the husband's property, including property registered in joint names or the husband's name alone. If the husband hasn't obtained partition from his family, the court will determine the wife's share from the joint family property. Alternatively, the wife can choose to receive a lump sum amount or monthly alimony instead of property partition.

Yes, significantly faster. Mutual consent divorce can be completed in just 2-3 days when both husband and wife agree to divorce and settle matters like property division and child custody amicably. In contrast, contested (one-sided) divorce takes 9-18 months as it involves court summons, mandatory mediation, evidence collection, witness examination, and final judgment. Our lawyers at Nepal Divorce Services always recommend attempting mutual consent first when possible.

Under Nepal's Civil Code 2074, grounds for divorce include: living separately for 3+ years without consent, deprivation of maintenance or expulsion from home, physical or mental cruelty, and proven extramarital relations. Additionally, a wife can file for divorce if her husband commits bigamy (marries another woman) or marital rape. Mutual consent divorce requires no specific grounds - both parties simply agree to end the marriage.

The required documents include: marriage registration certificate or proof of marriage, citizenship certificate (Nagarikta) of both parties, birth certificate of children if any, two passport-size photographs, evidence supporting grounds for divorce such as police reports or medical records, and Authorized Power of Attorney if filing through a representative.

Yes, you can file for divorce in Nepal without being physically present. You need to execute an Authorized Power of Attorney (POA) and get it attested from the Nepal Embassy in your country of residence. Once the POA is sent to Nepal, your appointed divorce lawyer can handle all court proceedings on your behalf. Nepal Divorce Services regularly assists Nepalis living in Australia, USA, UK, Gulf countries, Japan, Korea, and Europe through this process.

The timeline depends on the type of divorce. Mutual consent divorce takes only 2-3 days when both parties agree. Contested divorce (one-sided) takes 9-18 months as it requires court proceedings, mediation, and evidence examination. Cases involving child custody may extend to 12-24 months. For NRNs filing from abroad, add 3-6 weeks for POA documentation and embassy attestation before court proceedings begin.

Nepal's court system requires physical presence for divorce proceedings, so fully online divorce is not currently available. However, NRNs can complete the divorce process remotely using Power of Attorney - your lawyer appears in court on your behalf. This is the closest alternative to online divorce in Nepal and is legally valid.