Divorce Process in Nepal – Easy Steps to Know 2026

What is Divorce?

Divorce is the ending of a marital relationship or the termination of the marriage between a husband and a wife. Divorce is the legal termination of a marriage and the obligations created by marriage. It is regarded as the last option to end a toxic and unhealthy relationship.

“Divortium” is the Latin word from which divorce is derived. There are generally three types of divorce: Judicial separation, formal separation, and total separation. There are two types of divorce based on the court process. They are: mutual consent divorce, and the Judicial process.

Mutual Consent Divorce Process in Nepal

If the husband and the wife agree upon all the terms and conditions of divorce and also agree to divorce, it is said to be a mutual consent divorce. It is a quick, easy, and efficient way to end a marriage.

Process of Mutual Consent Divorce

The process of mutual consent divorce is:

1. A petition or plaint is filed in the concerned district court.
2. The defendant should be present in the court, submitting the counterclaim, if any.
3. A husband and a wife should apply jointly for the divorce in the concerned court.
4. The Judge will evaluate the reasons and evidence, and after that, the judge will approve the divorce.

How much time does it take for the mutual consent divorce process in Nepal?

It normally takes 2-3 days to complete the mutual consent divorce in the concerned district court. Both parties should agree on the terms of the divorce in a mutual consent divorce.

Sample of Divorce Certificate in Nepal

Sample of Divorce Certificate in Nepal

Judicial Divorce

If the husband or the wife does not agree to the divorce, the party that wants the divorce will file the case in the concerned district court. Also, if the husband or wife does not agree upon the terms and conditions of divorce, such as property, child custody, etc, then the divorce will be filed by one side and defended by the other side.

Documents Required for the Divorce Process in Nepal

The documents required for the divorce process in Nepal are:

1. Marriage Certificate
2. Citizenship of the husband and the wife
3. Birth certificate of the child (If any child)
4. Passport-sized photos of the husband and the wife
5. Evidence/proof causing the divorce initiation

Documents for Divorce in Nepal

Process of Divorce in Nepal

The process of divorce in Nepal:

1. A plaint or application is filed in the concerned district court by the husband or the wife.
2. The notice is given to the defendant, and the time for the reply to the plaint by the defendant is 21 days, and an additional 15 days are given under certain circumstances.
3. After the reply is submitted to the district court, the court will analyze the evidence from both parties.
4. The time will be provided by the court to solve the dispute between the husband and the wife, which is called the mediation period, and try to conciliate them.
5. If there is no solution to the dispute and the court considers divorce to be the best possible option for the couple, then the divorce will be granted by the district court.

Grounds for the Husband to File for Divorce in Nepal

There are certain grounds/reasons why the husband can initiate the divorce process even without the consent of his wife. They are:

1. If the wife has been living separately from the husband without consulting/informing him for more than 3 years.
2. If the wife doesn’t give a maintenance cost to the husband or remove the husband from the house.
3. If the wife gives severe physical or mental pain to the husband.
4. If the wife is engaged in sexual relations with another person.

Grounds of the Wife to File for Divorce in Nepal

1. If the husband has been living separately from the wife without consulting/informing the wife for more than 3 years.
2. If the husband deprives the maintenance cost or expels the wife from the home.
3. If the husband gives unbearable physical or mental pain to the wife.
4. If the husband concludes a second marriage.
5. If the husband had sexual relations with another woman.
6. If the husband raped the wife.

Partition of Property in the Divorce

The property of the husband and the wife will have equal rights to the husband and the wife. If the cause of divorce is due to the husband, the wife will get half of the total property of the husband and the wife. If the divorce is effected on the grounds available to divorce for the wife, then the property will be divided between the husband and the wife.

If the husband has not obtained the property from his father or coparceners, the division of the property will be between the husband and his other coparceners. After that, the wife will get the property from her husband.

If the partition of the husband with his father or coparceners takes a long time, the divorce is effected, and the order to give monthly expenses as alimony to the wife is given by the concerned court based on his property or income. If she concludes another marriage before partition, she is not entitled to the partition share.

If the wife wants a lump sum amount or annual or monthly alimony or expenses, she will get it accordingly based on the income or property of the husband. If there is no property to divide, the wife can get the maintenance cost according to the income of husband. The wife won’t get the maintenance cost under the following conditions:

• If the wife concludes another marriage.
• If the income of the wife is higher than that of the husband.

If there is any written agreement between the husband and the wife for the share of the partition, the partition of the property will be according to the existing agreement.

Child Custody in Divorce in Nepal

The following are the provisions under the child custody law in Nepal:

• If the minor is below five years of age, under the custody of the mother, she decides whether she concludes another marriage or not.
• If the minor is above 5 years of age, under the custody of the mother if she desires, until she concludes another marriage.
• Except for the above two conditions, the father will get the child’s custody.

Conclusion

The divorce process in Nepal can be divided into mutual consent divorce and Judicial divorce. The mutual consent divorce can be completed in a short period of time. The husband and the wife must agree on every term of the divorce in a mutual consent divorce.

If there is a difference between the demands of the husband and the wife, both should fight for their rights in court. It takes a minimum of one year or even more to complete.

Also Read: Court Marriage Process in Nepal