Divorce by Mutual Consent in Nepal – Easy Guide for Divorce 2026
Short answer
How does mutual consent divorce work in Nepal?
Both spouses file a joint application at the district court. It is the faster and cheaper of Nepal's two divorce routes.
It usually completes in 2 to 3 working days once both parties attend and the papers are in order.
You must agree on property before the court approves the divorce. Add custody and maintenance if you have children.
- Time
- Commonly 2 to 3 working days
- Filed at
- The concerned district court
- Both parties
- Must attend, in person or through a power of attorney
- Must agree on
- Property, plus custody and maintenance if you have children
This article helps you to learn about the process of divorce by mutual consent in Nepal and the documents required for divorce. The Muluki Civil Code of 2074 governs divorce by mutual consent in Nepal.
What is Mutual Consent Divorce?
Mutual consent divorce is the process of divorce by the agreement of the husband and the wife. If the husband and the wife meet all the agreements for the divorce, then it is said to be a divorce by mutual consent in Nepal. The couple should agree upon the property division, child custody, and the reason for divorce.
Sample of Divorce Certificate in Nepal
Sample of Divorce Certificate
How Much Time Does It Take to Complete the Divorce Process by Mutual Consent in Nepal?
Divorce by mutual consent in Nepal is an easy and effective process to end a marriage. In Nepal, it takes two to three days to complete the divorce process by mutual consent.
Where Should We File the Divorce in Nepal?
You should file the divorce in Nepal in the concerned district court. It should be either the district of the defendant, as per the citizenship, the marriage district, or the temporary residence district.
Fee Structure for Divorce by Mutual Consent in Nepal
The fee structure varies based on various factors. The court fee taken by the court is Rs 500/- for the divorce, Rs 200 for the petition (Firadh), Rs 200 for the defense paper (Pratiuttar Patra), and Rs 10/- for the application (Nibedan). The fee of the lawyer depends on the case’s complexity and the work of the lawyer.
Can I Remarry after a Divorce in Nepal?
In some cases of divorce, there is a restriction on a second marriage for a certain period. But in a mutual consent divorce, you can remarry at any time soon. You can marry through the court marriage process or the marriage registration in the concerned ward office.
Process of Mutual Consent Divorce in Nepal
- The petition is filed either by the husband or the wife in the concerned district court.
- The defendant and the plaintiff appear in court, filing a joint application for divorce.
- The husband and the wife are presented before the judge, and the judge will give the final verdict.
What are the Documents Necessary for the Mutual Consent Divorce in Nepal?
The documents necessary for the mutual consent divorce in Nepal are:
- Citizenship of the husband and the wife
- Marriage Certificate
- Power of Attorney (conditional requirement)
- Birth certificate of the child (conditional requirement)
Can I File a Divorce without a Marriage Certificate in Nepal?
Yes, you can file for a divorce without a marriage certificate in Nepal. For that, there should be enough evidence/proof of marriage, like marriage photos, and birth certificates of the children or the witnesses.
Conclusion
Divorce by mutual consent in Nepal is increasing rapidly. There was no easy divorce in Nepal in the past. But after making a provision of a mutual agreement divorce, it becomes a simple way of getting out of the toxic relationship and ending the mental as well as physical torture. If the husband and the wife think that their opinions and choices in life are different, they start the divorce in consent and live their own way of life.
The law on this page
Muluki Civil Code 2074 (2017)
Divorce is dealt with in sections 93 to 104.
- Where both spouses want the divorce, they may apply at any time. No waiting period applies.
- The court checks the agreement on property, and on custody and maintenance where there are children.
- Property partition follows the partition provisions if the spouses do not agree.Sections 99 and 100
This is general legal information, not advice on your case.
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