Family Law in Nepal 2082/83 (2026) — Civil Code 2074 Pillar Guide

Twenty years for both spouses under Section 70 of the Civil Code 2074. The 2025 bill to lower it to 18 had not passed as of May 2026.

The Muluki Civil Code 2074 (2017), in force from 17 August 2018, supplemented by the Children's Act 2075 and the Constitution 2072.

Family law in Nepal is the body of statute, case law and customary practice governing personal and household relationships — marriage, divorce, alimony, partition of ancestral property, succession, child custody, adoption, guardianship and protection from domestic violence. The principal statute is the Muluki Civil Code 2074 (2017), supplemented by the Act Relating to Children 2075, the Domestic Violence (Crime and Punishment) Act 2066, and the 2015 Constitution.

Four principal instruments. The Muluki Civil Code 2074 covers marriage, divorce, partition, succession, custody, adoption and guardianship. The Act Relating to Children 2075 adds the child-welfare overlay. The Domestic Violence (Crime and Punishment) Act 2066 provides civil and criminal protection. The Constitution of Nepal 2072 sets the equality guarantees in Articles 18, 38, 39 and 41 that the Code implements.

Marriage age rose to 20 for both spouses, daughters including married daughters gained equal inheritance, divorce grounds expanded for both spouses with marital rape made an explicit ground for the wife, mutual-consent divorce was simplified with no waiting period, joint marital property was recognised, and an adopted child gained the same status as a biological child. The Code came into effect on 17 August 2018.

Yes. The Civil Code 2074 equalises inheritance between sons and daughters and extends the equal-share rule to married daughters. The earlier requirement that married daughters forfeit ancestral-property claims has been removed. The reform aligns with Article 38 of the 2015 Constitution, which guarantees equal lineage and inheritance rights for women.

The Civil Code 2074 gives grounds to both spouses. Under Section 95 the wife's grounds include marital rape, cruelty, bigamy, adultery, desertion and denial of maintenance. Under Section 94 the husband's grounds include three or more years of separation, denial of maintenance and expulsion from the home. Mutual consent under Section 93 needs no fault and no waiting period.

Partition (ansabanda) is governed by Sections 205–236 of the Civil Code 2074. Section 205 treats the husband, wife, father, mother, son and daughter as coparceners, and Section 206 gives each an equal share. The standard route is an extrajudicial partition deed registered at the Land Revenue Office; where parties disagree, a partition suit lies at the District Court where the property is located.

Under Section 115 of the Civil Code 2074 the best interest of the child is paramount, with age-based defaults: a child under five stays with the mother, five to under ten with the father, and ten or above lives with whichever parent the child prefers. The court can override any default where welfare, bonding, schooling or a parent's capacity require it.

Yes. Under the Civil Code 2074 an adopted child has the same rights and obligations as a biological child of the adopting parents. The adopted child inherits on the same terms, takes the family surname, and is subject to the same custody and guardianship rules. The Act Relating to Children 2075 supplements the framework on welfare and registration.

Yes for legal-recognition purposes. The Civil Code 2074 requires registration at the local Ward Office within 35 days of any traditional, religious or cultural ceremony. The marriage exists socially from the ceremony, but legal benefits — citizenship for a foreign spouse, banking, insurance and court evidence — depend on the registered certificate. The detailed process is covered in our marriage-registration guide.

Yes, broadly. The Civil Code 2074 is uniform civil law and applies regardless of the religion or community of the parties. Hindu, Muslim, Christian, Buddhist and indigenous-community marriages are all governed by the same validity, divorce and partition rules. The earlier patchwork of religion-specific personal law in the Muluki Ain has been substantially replaced; cultural ceremony differences remain but do not change the legal framework.

The District Court of the place where the parties ordinarily reside is the court of first instance for divorce, annulment, custody, partition suits, guardianship applications and succession declarations. Appeals lie to the High Court of the province within 35 days, and on substantial questions of law to the Supreme Court. Routine registration matters are handled at the local Ward Office before any court is involved.

The 2015 Constitution sets the equality framework. Article 18 bars discrimination on grounds of sex, religion, caste and origin. Article 38 guarantees women's rights including equal inheritance. Article 39 guarantees the rights of the child and Article 41 protects senior citizens. The Civil Code 2074 was drafted to implement these guarantees, and the Supreme Court reads down Code provisions that fall short of the constitutional standard.

Domestic violence sits at the intersection of family and criminal law. The Domestic Violence (Crime and Punishment) Act 2066 provides the civil protection framework — protection, residence and restraining orders issued by the District Court. The Penal Code 2074 provides the criminal overlay where the conduct also amounts to assault, hurt or a sexual offence. The two routes run in parallel and can be pursued simultaneously.

Yes, on an interim basis. Following the Supreme Court's interim order of 28 June 2023 in Pinky Gurung and others v. Government of Nepal, the Government was directed to maintain a temporary register for same-sex marriages, and the first was registered on 29 November 2023. Full statutory codification is still pending, so registration practice varies by office and remains interim pending final legislation.

A marriage is void where a fundamental condition fails — for example either spouse is under the legal age of 20, the parties are within prohibited degrees of relationship, or an existing marriage subsists (bigamy). A marriage is voidable where a defect such as fraud, coercion or concealed incapacity allows one spouse to seek annulment within the statutory window. The detailed categories are in our marriage and annulment guide.

No. A second marriage during the subsistence of a valid first marriage is void under the Civil Code 2074 and is also a criminal offence under the Penal Code 2074, exposing the offender to imprisonment and a fine. Narrow historical exceptions that once existed have been removed. The civil and criminal consequences are detailed in our polygamy guide.

Maintenance on divorce is governed by Section 100 of the Civil Code 2074 and is discretionary. The court weighs the income and property of each spouse, the standard of living during the marriage, the custodial burden of children, and each party's earning capacity. In mutual-consent divorces the spouses can agree the figure themselves; in contested cases the court fixes it. The framework is developed in our divorce and alimony guide.

Guardianship is the legal authority to make decisions for a minor or an adult who cannot manage their own affairs. The Civil Code 2074, read with the Act Relating to Children 2075, sets out who may be appointed, the order of priority among relatives, and the guardian's duties over the ward's person and property. A guardian is accountable to the court, which can review or remove an appointment in the ward's interest.

Yes. Non-resident Nepalis and foreign nationals can pursue divorce, custody, partition and inheritance matters in Nepal, often through a Power of Attorney so they need not attend every hearing in person. A foreign marriage usually needs to be registered or recognised in Nepal before a divorce can be filed. Property and inheritance entitlements depend on citizenship status — see our NRN property rights guide.

It depends on the route. A mutual-consent divorce can conclude within days to a few weeks. A contested divorce, partition suit or custody dispute commonly runs 12–24 months at first instance, longer if appealed. Uncontested registration matters at the Ward Office are same-day or within a few days. Early legal advice is the main lever for keeping a contested matter at the shorter end.

A party dissatisfied with a District Court decree may appeal to the High Court of the province, generally within 35 days of the decision. A further appeal to the Supreme Court is available on substantial questions of law. Strict limitation periods apply, so the time to decide on an appeal is short — missing the window usually makes the District Court decree final.

Earlier than most clients do, especially in three settings: marriage-validity disputes where the annulment window is strict, partition signals such as a sibling selling family land or a parent dying intestate, and custody or guardianship questions where interim arrangements harden quickly. A diagnostic at the first consultation identifies the applicable Civil Code chapter, the connected issues likely to follow, and a realistic timeline and budget. Alpine Law Associates' family practice covers the full sweep of Civil Code 2074 work across Nepal.