Divorce is never an easy decision, but understanding the legal process can help you take the next step with clarity and confidence.
Vimarsha Law Associates has created this guide to simplify the requirements that can help you understand the process.
This guide simplifies the procedure regarding Divorce under Part 3 Chapter 3, titled Provision Relating to Divorce of Muluki Civil Procedure Code, 2073
Where to begin???
All divorce cases in Nepal are handled by the concerned District Court.
There are two main paths to divorce:
- Mutual Consent- When both spouses agree to separate
- Without Consent- When one spouses files for divorce, even if the other disagrees
Note: Divorce process can be initiated either through husband or wife. There is no such restriction as to who needs to initiate the same.
Grounds where Husband can file Divorce:
- If the wife has been living separately for 3 or more consecutive years, without consent of the husband,
- If the wife expels her husband from the house or deprives the husband from maintenance costs
- If the wife commits an act or conspiracy likely to cause the grievous hurt or other severe physical or mental pain to the husband
- If the wife is proved to have made sexual relation with another man
Grounds where wife can file Divorce:
- If the husband has been living separately for 3 years or more consecutively without consent of the wife
- If the husband deprives the wife of maintenance costs or expels her from home
- If the Husband commits an act or conspiracy likely to cause grievous hurt or other severe physical or mental pain to the wife
- If the husband gets married with other women
- If the husband is proved to have made sexual intercourse with another woman
- If the husband is proved to have marital raped his wife
How the Divorce Process Works?
- Procedure of Divorce with Consent
- Either the Husband or the wife shall file the divorce petition in the concerned district court
- The party shall file the response
- The Court provides the Divorce certification
Procedure of Divorce without Consent
- Filing the divorce case by the husband or wife before the applicable district court
- The Court will provide the notice of divorce to the other party
- Submit the response to a petition by the notice-receiving party
- As a matter of practice, the court will send for the mediation at least once before the decision-making process. Generally, one month is provided for the mediation process
- Witness examination and the necessary order from the court
- Decision from the court
- Implementation of the Decision from the court
Documents required:
- Marriage registration Certificate/Picture of Marriage/anything that establishes the Marriage
- A copy of the citizenship
- 2 copies of passport-size photos
Disclaimer: This content is provided for general informational purposes only and does not constitute legal advice. For personalized assistance or legal interpretation, please consult Vimarsha Law Associates.