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Divorce is the legal end to a marriage, by the court or other competent body, of a marriage between two people. It generally involves the division of property, child custody and child support, alimony issues, and other arrangements that lead to the dissolution of a marital union.
Substantive provision regarding Divorce is stated in Muluki civil code 2074, Chapter 3, sec 93 to 104.
Husband or wife anyone can initiate a divorce process without the consent of either of the spouses in the following circumstances: -
A. Ground of divorce for Husband
- Except where the husband and wife live separately after obtaining their partition share or separating bread and board by law if the wife has been living separately for three or more consecutive years without the husband's consent.
- If the wife deprives the husband of maintenance costs or expels him from the house.
- If the wife commits an act or conspiracy likely to cause grievous hurt or other severe physical or mental pain to the husband.
- If the wife is proven to have had sexual relations with other people.
B. Ground of Divorce for the Wife
- Except where the husband and wife live separately after obtaining their partition share or separating bread and board by law if they have been living separately for three or more consecutive years without the husband's consent.
- 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 concludes another marriage.
- If the husband is proven to have had sexual intercourse with another woman.
Divorce process in Nepal
- Step 1: Filing of plaint of divorce by the plaintiff in the concerned district court
- Step 2: Notice to be provided to the defendant.
- Step 3: Defendant files the written reply.
- Step 4: The process of mediation is started between husband and wife.
- Step 5: Division of property is mandatory before the Divorce.
- Step 6: Final decision by the court.
Documents required for filing a divorce case in Nepal
- Plaint of divorce
- Marriage registration certificate
- Photos of marriage if marriage is not registered.
- Recommendation of temporary residence (if required)
- Citizenship
- Photos (If applicable)
- Birth certificate of child (If applicable)
1. Filing of the plaint of divorce
Plaint is a document stating the claims. The plaintiff has to file the divorce petition in the concerned court.
2. Notice to be provided to the defendant
The notice of the plant can be provided to the defendant in the following ways:-
- Plaintiff itself
- Court officials (tameldar)
- The defendant itself
3. Defendant files the written Reply
A written reply is a document of defense provided by the defendant as a reply to the plaint.
4. Process of Mediation
Mediation is the process where both parties to a case negotiate their terms for divorce to conclude. If both parties agree to the mediation the case is officially closed after signing the document of compromise.
If mediation is not agreed then the case is again sent to the judge for final judgment.
Partition of property is mandatory before divorce
This a mandatory clause in a marriage where the property should have been divided between husband and wife before being divorced.
6. Final Decision of court
If the Judge is convinced or finds it appropriate to grant the divorce then the judge may give a verdict for divorce.
A condition where the husband is not compelled to provide a partition share of his property.
- If the wife deprives the husband of maintenance costs or expels him from the house.
- If the wife commits an act or conspiracy likely to cause grievous hurt or other severe physical or mental pain to the husband.
- If the wife is proven to have had sexual relations with other people.
Alimony
Alimony refers to court-ordered payments awarded to a spouse or former spouse within a separation or divorce agreement.
Alimony or maintenance cost is granted to the wife if the partition share is not provided due to the reason of not having property.
If the wife earns more than the husband then the maintenance cost is not to be borne by the husband.
- The divorce process can be initiated by people living outside Nepal by giving authorized power of attorney to anyone willing to represent the case in their behalf.
The divorce process in Nepal, governed by the Muluki Civil Code 2074, provides a structured legal framework for the dissolution of a marriage. Both spouses can initiate a divorce under specific grounds, including separation, deprivation of maintenance, or infidelity. The process involves several steps, starting with the filing of a divorce petition, followed by notice to the defendant, and a chance for mediation. If mediation fails, the case proceeds to court for a final judgment. Property division is a mandatory step before divorce, ensuring equitable distribution. Alimony may also be awarded, particularly if the wife is financially dependent on the husband. The divorce process ensures fairness and provides an avenue for those living abroad through power of attorney. Ultimately, this legal process aims to address marital disputes comprehensively, ensuring that both parties' rights are upheld.
Divorce Lawyer in Nepal
At Alpine Law Associates, we understand that divorce is one of the most emotionally and legally complex events in a person’s life. As a legally registered, full-service law firm in Nepal, we specialize in providing comprehensive legal solutions for individuals navigating the challenges of divorce. Whether you're seeking advice on legal grounds for separation, equitable property division, child custody, alimony, or court representation, our dedicated team of experienced divorce lawyers in Nepal handles it all with utmost professionalism and discretion.
Our approach is client-centered—we ensure your voice is heard, your rights are protected, and your best interests are pursued. From filing the divorce petition to mediation, courtroom advocacy, and post-divorce settlements, Alpine Law Associates offers end-to-end legal support. If you're living abroad, we also manage your case through power of attorney, making the process stress-free and seamless. Trust us to guide you through every legal step with clarity, compassion, and competence. With Alpine Law Associates, you're not alone—we’re here to help you move forward with strength and legal confidence.
Conclusion
Divorce, though difficult, is a legal right that provides individuals the opportunity to separate from a non-working or harmful marital relationship. Nepal’s Muluki Civil Code 2074 provides a clear and fair process for both spouses, allowing for due justice, property division, and necessary support arrangements. Whether you are based in Nepal or living abroad, the legal route ensures that your rights are protected and your responsibilities clearly defined. With the right legal guidance, divorce does not have to be overwhelming. It can be a constructive step toward a more secure and peaceful future. If you’re considering divorce or simply need legal clarity, don’t hesitate to reach out to Alpine Law Associates—we’re here to support and represent you with dedication and care.
Frequently Asked Questions
Under Nepal's Muluki Civil Code 2074, legal grounds include separation for over 3 years, deprivation of maintenance, physical or mental harm, infidelity, or the spouse remarrying.
Yes, a wife in Nepal can file for divorce without the husband’s consent if any of the legal grounds are met, including abandonment, abuse, or adultery.
Yes, property division is a mandatory step before finalizing a divorce. The court ensures assets are equitably distributed unless exempted under certain conditions.
A contested divorce can take 6–12 months or more, while a mutual divorce may be resolved faster, depending on court load, mediation, and documentation.
Yes. Foreigners or NRNs can initiate divorce in Nepal through a power of attorney and must follow the same legal steps as Nepali citizens.
Alimony is financial support granted to a spouse post-divorce. It’s typically awarded when the wife has no share in property or lower income than the husband.
Yes. The court generally initiates a mediation process after both parties respond. If mediation fails, the case proceeds to a final judicial decision.
Key documents include the plaint of divorce, citizenship, marriage certificate, temporary residence letter, and child’s birth certificate (if applicable).
In Nepal, both parents have equal rights to their children's custody after divorce. However, the law gives preference to the mother for children under the age of five, even if she has remarried. For children above five, the mother generally retains custody unless she has remarried, in which case the court will consider the child's best interest. Children aged 10 and above can express their preference for which parent they wish to live with, and the court may consider this in its decision.
Yes. In the absence of formal registration, wedding photos and witness testimony can be submitted, but legal registration is strongly recommended for clarity.
Disclaimer:
This article is intended solely for informational purposes and should not be interpreted as legal advice, advertisement, solicitation, or personal communication from the firm or its members. Neither the firm nor its members assume any responsibility for actions taken based on the information contained herein.