Family Law in Nepal 2026 — Marriage, Divorce, Custody

Family Law in Nepal — Marriage, Divorce, Custody, Succession

Family law in Nepal is the body of statute, court practice and case law that regulates who may marry, on what grounds a marriage ends, who keeps the children, who inherits property, and how a domestic-violence victim obtains protection. The framework rests on five pillars: the Muluki Civil Code 2074 (2017) Part 4 — marriage, relationship and partition, the Marriage Registration Act 2028 (1971) for civil and court marriage, the Domestic Violence (Offence and Punishment) Act 2066 (2009), the Citizenship Act 2063 (2006) for NRN spouses and inheritance, and the Sexual Harassment at Workplace (Prevention) Act 2071 (2015). Alpine Law Associates handles the full family-law file — marriage registration, court marriage, mutual and contested divorce, child custody and maintenance, adoption, succession and partition, domestic-violence protection orders, and NRN matters routed through Power of Attorney.

By Alpine Law Associates · Reviewed by Advocate Ram Bahadur Mijar — Founding Partner, Nepal Bar Council. Last reviewed: June 2026.

What is family law in Nepal? Family law in Nepal is the combined framework of the Muluki Civil Code 2074 (Part 4), the Marriage Registration Act 2028, the Domestic Violence Act 2066 and the Citizenship Act 2063. It regulates Hindu and civil marriage, court marriage for inter-caste and foreign couples, divorce on statutory grounds, child custody and maintenance, adoption, equal partition rights for sons and daughters, and NRN family matters filed remotely through Power of Attorney.

This page is the hub for the Alpine family-law practice. The headline points a 2026 family-law client in Nepal needs to know: marriage is registered at the local-level ward office (Muluki Civil Code 2074); divorce is filed in the district court of the wife's residence under Civil Code Part 4; daughters and sons hold equal partition rights in ancestral property under the Civil Code 2074; adoption requires a district-court order and a minimum 25-year age gap between adoptive parent and adoptee; and NRN spouses, divorcees and heirs can complete almost every file remotely on a registered Power of Attorney under the Citizenship Act 2063 §7A. Detailed walkthroughs of each statute live in the v6 cluster — see our family law overview, divorce process, court marriage, and succession law.

What does family law in Nepal cover?

Family law in Nepal covers six core domains under the Muluki Civil Code 2074 Part 4: marriage and its registration, divorce and its grounds, child custody and maintenance, adoption and guardianship, succession and partition of property, and domestic-violence protection orders. NRN family matters — spouse, child and inheritance — layer the Citizenship Act 2063 on top, and surrogacy currently sits in a statutory gap with Supreme Court rulings as the operative authority.

What types of marriage are recognised in Nepal?

Nepal recognises four marriage routes under the Muluki Civil Code 2074 and Marriage Registration Act 2028. Traditional / Hindu religious marriage performed by community rite, then registered at the ward office. Civil marriage under the Marriage Registration Act 2028 for couples solemnising at the registrar. Court marriage by application to the local-level office for inter-caste, inter-religion or sensitive matches needing a public-notice route. Foreign-national marriage for one or both parties non-Nepali, requiring embassy / consulate verification before registration.

Eligibility under the Civil Code 2074 is uniform across all four routes. Both parties must be 20 years or older (mandatory marriageable age), of sound mind, not within prohibited degrees of consanguinity, not already married (polygamy is criminalised under Civil Code 2074 and the Penal Code 2074), and consenting freely. A Nepali marrying a foreigner additionally needs a single-status certificate from the home authority, attested by the relevant mission. The marriage registration service covers Nepali-to-Nepali files; the court marriage service handles inter-caste, inter-religion and foreign-national files; and the court marriage of a foreigner guide walks through the documentation chain.

Figure 1 — Marriage routes under the Muluki Civil Code 2074 and Marriage Registration Act 2028. Fees vary by local-level municipality; verify the current schedule at the ward office before filing.

How does court marriage work in Nepal?

Court marriage in Nepal is the registrar route for inter-caste, inter-religion or sensitive matches under the Marriage Registration Act 2028 and Civil Code 2074. The couple jointly applies at the local-level office, submits citizenship copies, single-status declarations, photographs and two witnesses, and the registrar posts a public notice for the statutory objection period. With no objection on file, the marriage is registered and the marriage certificate issued. See the court marriage guide and online marriage registration.

How does divorce work in Nepal in 2026?

Divorce in Nepal is governed by the Muluki Civil Code 2074 Part 4 and runs through the district court of the wife's residence. Either spouse may file. Two paths exist: mutual-consent divorce when both parties agree on dissolution, custody and maintenance — typically resolved in 6–12 months; and contested divorce on statutory grounds — typically 12–24 months at first instance. Court fees are modest; private legal fees vary. Foreign nationals must first register the marriage in Nepal before filing.

The Civil Code 2074 sets out specific statutory grounds on which a spouse may file a contested petition. Grounds available to the wife include the husband taking another wife, the husband expelling her from the home or failing to provide food and clothing for a continuous statutory period, the husband causing serious physical or mental harm, the husband being incurably impotent, or proven adultery. Grounds available to the husband include the wife living separately without consent for a continuous statutory period, the wife causing serious physical or mental harm, and proven adultery. Long-term incurable mental illness and irretrievable breakdown have featured in recent district-court reasoning. See our divorce process guide, online divorce process, and divorce lawyer overview. The divorce service handles both mutual and contested files.

How is child custody and maintenance decided?

Child custody in Nepal after divorce is decided by the district court on a best-interest-of-the-child standard under the Muluki Civil Code 2074. Children under five years generally remain with the mother absent serious reason; older children are placed with the parent best positioned to provide care, education and stability. Maintenance (child support) is fixed by the court against the non-custodial parent based on income, the child's needs and the standard of living established during marriage, and continues until the child attains majority or finishes higher education.

Custody is not permanent. Either parent may apply to vary or modify a custody order on a material change of circumstances — remarriage, relocation, change in income, the child's expressed preference (typically given weight from around the early-teen years), or evidence of neglect or abuse. Maintenance arrears are enforceable through the same district court, and persistent default can trigger contempt and execution against income or property. See our guides on child custody laws in Nepal and child custody after divorce for the operating detail and recent case practice.

How does adoption work in Nepal?

Adoption in Nepal is governed by the Muluki Civil Code 2074 Part 4 and runs by district-court order. Adoptive parents must be at least 25 years older than the adoptee, married for a statutory minimum period in most cases, of sound character and means, and — if already biological parents — may be subject to additional restrictions on adopting a child of the same sex as their biological child. The adoptee, once adopted, acquires the same legal status as a biological child for inheritance, citizenship and family-law purposes. See our adoption guide and the adoption service.

Intercountry adoption — a foreign national or NRN adopting a Nepali child — follows a separate, stricter route. Nepal's intercountry adoption framework has gone through extended moratoria and reform cycles, and current eligibility, country-pairing and process rules are set by the Ministry of Women, Children and Senior Citizens. Files require ministry-level approval before court order. Hague Adoption Convention status and bilateral arrangements should be verified at the ministry before the file opens. See our intercountry adoption guide for the current operating position and document chain.

How does succession and inheritance work in Nepal?

Succession in Nepal is governed by the Muluki Civil Code 2074 Part 4, which abolished the historical male-only coparcenary and established equal partition rights for sons and daughters in ancestral property. On the death of a coparcener, the surviving spouse and children take per-stirpes shares; the surviving spouse retains a life interest in matrimonial property; and a daughter retains her share whether or not she is married. Self-acquired property may be disposed of by will under the Civil Code 2074 will provisions.

Partition (अंशबण्डा) of ancestral property may be triggered during the senior coparcener's lifetime under Civil Code 2074, on grounds including marriage, attaining a specified age, prolonged separate residence, or by mutual agreement. The shares are recorded by deed at the land-revenue office and registered. Daughters' partition rights are protected whether they marry, remain unmarried, or are widowed and return to the natal home. NRN heirs may claim their share remotely on a registered Power of Attorney under the Citizenship Act 2063 §7A and Civil Code 2074. See succession laws in Nepal, partition of property, property rights of daughters, and property types and legal rights.

Figure 2 — Succession entitlements under the Muluki Civil Code 2074 Part 4. Exact share calculation depends on the surviving class; verify with counsel before relying on a partition deed.

What protection does Nepal offer against domestic violence?

Domestic violence in Nepal is criminalised by the Domestic Violence (Offence and Punishment) Act 2066 (2009). The Act covers physical, mental, sexual and economic abuse by any family member — spouse, in-law, parent, sibling or cohabiting partner. The victim may file at the local police, the local-level office or directly in the district court for a protection order, interim maintenance, exclusive occupation of the home, custody of children and compensation. The court can pass urgent interim orders. See our domestic violence guide and related sexual harassment law overview for workplace overlap.

How does Nepal handle gender-equal property and marital rights?

The Muluki Civil Code 2074 codified gender-equal property rights that earlier reform statutes had partially advanced. Daughters and sons hold equal partition rights in ancestral property; marriage does not extinguish a daughter's share. The Civil Code further regulates polygamy as a criminal offence under the Penal Code 2074 and gives the wife a divorce ground where the husband takes a second wife. Third-gender Nepali citizens have constitutional recognition and corresponding family-law access. See property rights of daughters, polygamy in Nepal and third-gender rights.

What family-law matters apply to NRNs and foreign spouses?

NRN family matters in Nepal are governed by the Muluki Civil Code 2074 plus the Citizenship Act 2063 §7A (NRN Citizenship by Descent). An NRN can marry a Nepali in Nepal, divorce a Nepali spouse in the Nepali district court from abroad, claim succession in ancestral property remotely, and adopt a Nepali child subject to the intercountry adoption framework. Almost every NRN family file can be completed without travel to Nepal on a registered Power of Attorney, with the NRN's signature notarised abroad and attested by the Nepali mission. See NRN divorce from abroad, NRN property inheritance, NRN property rights, NRN citizenship, NRN rights and law, and the NRN service.

What is the legal position on surrogacy in Nepal?

Surrogacy in Nepal sits in a legislative gap. There is currently no dedicated surrogacy statute. A Supreme Court ruling and ministerial directives have at various points permitted altruistic surrogacy for Nepali heterosexual couples while prohibiting commercial cross-border surrogacy and surrogacy for foreign nationals. Hospitals and clinics that previously offered commercial services have largely stopped. Any prospective intended parent or carrier should obtain a fresh legal opinion before proceeding — the operative rules can shift on a ministerial directive. See our surrogacy laws in Nepal guide for the current operating position; verify with counsel before relying on it.

What are the most common marriage-related criminal offences?

The Penal Code 2074 and Civil Code 2074 criminalise several marriage-adjacent offences relevant to family-law clients. Child marriage (either party under 20) is criminal and the marriage void. Polygamy is criminal where one spouse contracts a second marriage during a subsisting marriage. Bigamy by misrepresentation, dowry-related demands, and forced marriage carry separate penalties. Marital rape is criminalised under the Penal Code 2074. See our marriage crimes in Nepal guide and child sexual abuse law.

What is guardianship and how does it differ from custody?

Guardianship in Nepal is the legal authority to manage a minor's person and property when one or both parents are unavailable, deceased or unfit. The district court appoints a guardian under the Muluki Civil Code 2074, prioritising the surviving parent, then grandparents, then the next eligible relative. Custody, by contrast, concerns day-to-day care after divorce of two living parents. Guardianship is rarer, formal, and carries financial accountability — the guardian must account for the minor's property until majority. See the guardianship guide.

How do I choose the right family lawyer in Nepal?

A family-law engagement turns on three competencies. Statute fluency — a working command of Civil Code 2074 Part 4, Marriage Registration Act 2028, Domestic Violence Act 2066 and Citizenship Act 2063 §7A, not generic civil practice. Court-room track record at the district court of the wife's residence or the court holding the partition file, where the procedural rhythm differs from civil litigation generally. NRN capacity if either party lives abroad — mission attestation, Power of Attorney drafting, and remote court appearance discipline are not the same as in-country family work.

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Frequently asked questions

The FAQ section below covers the questions clients most often raise in initial family-law consultations — marriage age and routes, divorce grounds and timelines, custody and maintenance, adoption, succession shares, NRN files, and protection from domestic violence. Each answer cites the controlling statute and section where applicable.

Frequently Asked Questions

Family law in Nepal is the combined framework of the Muluki Civil Code 2074 (Part 4), the Marriage Registration Act 2028, the Domestic Violence (Offence and Punishment) Act 2066, and the Citizenship Act 2063. It regulates marriage, divorce, child custody and maintenance, adoption, succession and partition, domestic-violence protection, and NRN family matters filed through Power of Attorney.

The minimum legal age for marriage in Nepal is 20 years for both bride and groom under the Muluki Civil Code 2074. Marriage below 20 is void and a criminal offence.

Nepal recognises traditional / Hindu religious marriage registered post-ceremony at the ward office, civil marriage solemnised at the marriage registrar, court marriage at the local-level office for inter-caste and inter-religion couples, and foreign-national marriage where one or both parties are non-Nepali. All four routes are governed by the Muluki Civil Code 2074 and the Marriage Registration Act 2028.

Mutual-consent divorce in Nepal typically takes 6 to 12 months at the district court of the wife's residence under the Muluki Civil Code 2074.

Under the Muluki Civil Code 2074, the wife may file on grounds including the husband taking a second wife, expulsion from the matrimonial home, failure to provide food and clothing for the statutory period, serious harm, incurable impotence, or proven adultery. The husband may file on grounds including the wife living separately without consent for the statutory period, serious harm, or proven adultery.

Yes. An NRN can file divorce in Nepal from abroad on a registered Power of Attorney under the Civil Code 2074 and Citizenship Act 2063. Alpine routinely runs mutual and contested divorce files for NRN principals based overseas — the foreign-based spouse signs the POA before a notary, the Nepali mission attests it where required, and Alpine represents in the district court. Travel to Nepal is generally not required.

Child custody after divorce in Nepal is decided by the district court on a best-interest-of-the-child standard under the Muluki Civil Code 2074. Children under five years are generally placed with the mother; older children are placed with the parent best able to provide care and education. Either parent may apply later to vary custody on a material change of circumstances.

Child maintenance (child support) is fixed by the district court against the non-custodial parent under the Muluki Civil Code 2074, based on the parent's income, the child's needs and the standard of living established during marriage. Maintenance typically continues until the child attains majority or completes higher education. Arrears are enforceable through the same court and persistent default can trigger execution against property.

Yes. The Muluki Civil Code 2074 gives daughters and sons equal partition rights in ancestral property. Marriage does not extinguish a daughter's share.

When a Nepali dies intestate, succession follows the order set by the Muluki Civil Code 2074 Part 4. The surviving spouse and children take per-stirpes shares in the deceased's property, with the surviving spouse holding a life interest in matrimonial property. Where there is no spouse or descendants, the next class — parents, siblings, then more remote kin — takes by statutory order. Self-acquired property may be disposed of by will.

Adoption in Nepal under the Muluki Civil Code 2074 requires the adoptive parent or parents to be at least 25 years older than the adoptee, of sound character and means, and — in most cases — married for a statutory minimum period. The adoption is finalised by a district-court order, after which the adoptee acquires the full legal status of a biological child for inheritance, citizenship and family-law purposes.

Intercountry adoption — a foreign national or NRN adopting a Nepali child — follows a separate, stricter route administered by the Ministry of Women, Children and Senior Citizens. Nepal's intercountry adoption framework has been through extended moratoria and reform cycles. Country-pairing, eligibility and process rules must be verified at the ministry before opening a file. Ministry approval precedes the district-court order.

The Domestic Violence (Offence and Punishment) Act 2066 criminalises physical, mental, sexual and economic abuse by any family member. A victim may file at the local police, the local-level office, or the district court for a protection order, interim maintenance, exclusive occupation of the matrimonial home, custody of children and compensation. The court can pass urgent interim orders to secure the victim's safety.

Nepal has no dedicated surrogacy statute. Supreme Court rulings and ministerial directives currently restrict commercial and foreign-national surrogacy. Verify with counsel before proceeding.

Yes. An NRN can inherit ancestral and self-acquired property in Nepal under the Muluki Civil Code 2074 and Citizenship Act 2063 §7A (NRN Citizenship by Descent). The NRN heir may claim and register the share remotely on a Power of Attorney attested by the Nepali mission, without travelling to Nepal. Daughters' equal partition rights apply regardless of NRN status.