Divorce in Nepal is a legal process that ends a marriage and allows both spouses to live independently. Under the Muluki Civil Code 2074 (2017), divorce can be initiated through mutual consent or by one party on specific legal grounds. Whether you are a Nepali citizen or part of an international couple, understanding the divorce process in Nepal is essential before filing in court.
Understanding Divorce Under Nepal Law
The Muluki Civil Code 2074, Chapter on Divorce, outlines the legal rights and procedures for both husband and wife.
Divorce may be:
By Mutual Consent
When both partners agree to end the marriage peacefully.
By One Party (Unilateral Divorce)
When one spouse seeks divorce without the other’s consent, based on valid legal reasons.
Legal Grounds for Divorce in Nepal
A spouse can apply for divorce if:
- They have been abandoned for more than three years.
- They have suffered physical or mental torture.
- The other party has extra-marital affairs.
- There is denial of basic support or maintenance.
- There are other legally recognized grounds under Nepali family law.
Divorce by Mutual Consent in Nepal
Mutual consent divorce is the simplest and fastest way to dissolve a marriage in Nepal. Both husband and wife must.
- File a joint petition at the District Court where either resides.
Attend court together to confirm mutual agreement.
Finalize
- Division of property
- Child custody and visitation
- Alimony and maintenance (if applicable)
- Once confirmed, the court may issue a divorce decree within a few weeks.
Divorce by One Party (Unilateral Divorce)
If both parties do not agree, one spouse can file for unilateral divorce.
The Divorce process in Nepal includes:
- Filing a divorce petition at the relevant District Court.
- Court notice served to the other spouse.
- Mediation or hearing sessions to resolve disputes.
- Court’s final decision and divorce decree.
- Unilateral divorce may take six months to one year, depending on case complexity and property or custody disputes.
Divorce for Foreign Nationals and NRNs
Foreign nationals married to Nepali citizens or Nepali citizens living abroad can file for divorce through:
- The Nepali Embassy or Consulate, or
- A Power of Attorney representative in Nepal.
- For international marriages, cases are usually handled by the Kathmandu District Court, which has jurisdiction over cross-border and foreign marriage registrations.
Division of Property and Alimony in Nepal
- After divorce, the court ensures equitable distribution of marital assets and liabilities.
- Property acquired during marriage is divided equally.
- A financially dependent spouse can claim alimony or monthly maintenance.
- The court ensures fair settlement according to income, contribution, and needs.
Child Custody and Maintenance
When children are involved, the best interests of the child are the court’s top priority.
Factors considered
- Age and health of the child.
- Financial and emotional stability of each parent.
- The child’s preference (if mature enough).
- Custody may be awarded to one parent, while the other is given visitation rights or shared custody arrangements.
Divorce Procedure and Timeframe
Mutual consent divorce
Typically finalized within 1–2 months.
Unilateral divorce
May take 6 months to over a year.
Foreign divorce or POA divorce
Timeline depends on document verification and embassy coordination.
Engaging a qualified divorce lawyer in Nepal can help streamline the process and ensure your rights are protected.
Why Hire a Divorce Lawyer in Nepal?
- Hiring an experienced family law advocate helps you:
- Prepare accurate legal documents and petitions.
- Negotiate settlements professionally.
- Protect property and custody rights.
- Avoid unnecessary court delays and disputes.
- Firms like Court Marriage Kathmandu specialize in divorce registration, foreign marriage, power of attorney divorce, and family legal representation in Nepal.
Conclusion: Divorce Law and Rights in Nepal
The divorce process in Nepal ensures fairness, legal protection, and respect for both spouses. Whether through mutual consent or court litigation, each step follows the principles of justice under the Muluki Civil Code.
If you are seeking to register a divorce, divide property, or resolve custody issues, consult a professional divorce lawyer in Kathmandu for expert guidance.
Court Marriage Kathmandu provides comprehensive legal services for divorce, court marriage, and foreign marriage registration across Nepal.
Should you have any questions please do not hesitate to contact at +977-9847691209
