Divorce in Nepal is governed by Part 3, Chapter 3 of the National Civil Code 2074, which replaced the old Muluki Ain provisions in 2018. The Code allows both mutual-consent divorce and divorce on specified grounds, and the District Court where either spouse resides has jurisdiction. Clients usually come to us with two questions: how long will it take, and what happens to the property. This article answers both.
Mutual consent divorce
If both spouses agree, they file a joint petition at the District Court together with a written settlement covering property, maintenance and the care of any children. The court will speak to both parties to confirm the consent is genuine and not obtained under pressure, then record the settlement and grant the decree. In Kathmandu District Court this typically takes one to three months, and the settlement becomes an enforceable court order once recorded.
Grounds for contested divorce
Where one spouse does not agree, the other must prove a ground listed in the Civil Code. The grounds are broadly similar for husbands and wives, though a wife has additional grounds relating to her husband taking another wife or to domestic violence. The court will normally refer the parties to mediation first, and a significant number of contested cases settle at that stage.
- Living separately for three consecutive years without reasonable cause
- Desertion, or being driven out of the home, without maintenance
- Physical or mental cruelty, including domestic violence
- Adultery or sexual relations with another person
- Conspiring to cause serious harm to the spouse
- The other spouse marrying again while the marriage subsists
Division of property
The Civil Code gives a wife the right to a share of the husband's ancestral and self-earned property upon divorce, calculated as if a partition were taking place. The court may award a lump sum, a monthly maintenance amount, or a share of specific land, depending on the couple's circumstances. Property a spouse acquired before the marriage or received as a personal gift is generally kept out of the division, but proving this requires documents, which is why we ask clients to gather lalpurjas, bank statements and gift deeds before filing.
Children and maintenance
Custody decisions are made in the best interest of the child. Children under five are generally placed with the mother unless she is unable to care for them, and older children's wishes are taken into account. The non-custodial parent contributes to the child's upbringing in proportion to their income, and the order remains enforceable through the court until the child turns eighteen.
Documents to bring to a first consultation
- Marriage registration certificate from the ward office
- Citizenship certificates of both spouses
- Birth certificates of any children
- Property records: lalpurjas, vehicle bluebooks, bank and share statements
- Any police reports or medical records if violence is alleged