The divorce process in Nepal runs through the District Court under the National Civil Code, 2074 (2017). Either the husband or the wife can start it. In addition, a couple can end the marriage together through mutual consent, which is far quicker than a contested case.
This guide explains the grounds, the steps and the documents you need. It also answers two questions we hear every week. Can you file if you live overseas? And can you file in a different city from where you married or where your spouse lives?
Which Law Governs Divorce in Nepal?
The National Civil Code, 2074 sets out who can seek divorce, on what grounds, and how couples share property. Meanwhile, the National Civil Procedure Code, 2074 controls how the case moves through court and which court can hear it. You can read both codes on the Nepal Law Commission website.
Every divorce case starts in the District Court (जिल्ला अदालत). Each district in Nepal has one, and it hears family matters at first instance. If either party disagrees with the decision, they can appeal to the High Court. For a clear picture of how the system fits together, see our guide to the types of court in Nepal.
Types of Divorce in Nepal
Mutual Consent Divorce
When both spouses agree, they file a joint petition. They also attach a settlement that covers property, child custody and maintenance. Once the judge confirms that both parties agreed freely, the court can grant the divorce quickly. As a result, mutual consent is the cheapest and least stressful route.
Contested Divorce
In a contested divorce, one spouse files without the other's agreement. However, the law only allows this on specific grounds. The court then hears both sides, tries to reconcile the couple, and decides the case on the evidence.
Grounds for Divorce in Nepal
Section 94 of the Civil Code lists the grounds a husband can rely on, while Section 95 lists the grounds for a wife. Most grounds apply to both spouses equally.
Grounds Available to Both Spouses
- The other spouse has lived apart for three or more years in a row without consent, unless the couple legally separated through partition.
- The other spouse denies maintenance or forces you out of the home.
- The other spouse causes, or plots to cause, serious physical or mental harm.
- The court finds proof that the other spouse had a sexual relationship with another person.
Additional Grounds for a Wife
In addition, a wife can seek divorce if her husband marries another woman. She can also file if he rapes her, or attempts or conspires to do so.
Step-by-Step Divorce Process in Nepal
In a contested case, the divorce process in Nepal usually follows these steps:
- Legal consultation. Your advocate checks your grounds, your evidence and the correct court.
- Filing the petition. You or your representative file the divorce petition at the District Court.
- Notice. The court sends notice of the case to the other spouse.
- Reply. The other spouse files a written reply within the time the notice allows.
- Reconciliation. The judge encourages the couple to settle their differences, often through mediation.
- Evidence and hearings. If talks fail, both sides present documents and witnesses.
- Decision. The court grants the divorce if it finds the marriage cannot reasonably continue.
- Cancelling the registration. Finally, you record the decision and cancel the marriage registration at your ward office.
Property, Alimony and Child Custody
A wife has an equal right to a partition share of her husband's property. For this purpose, the law treats the husband, wife, father, mother, son and daughter as coparceners. If the husband has not yet taken his share from his family, the court identifies the other coparceners and works out his share first.
If the husband caused the divorce, the wife can ask the court to divide property before it grants the divorce. Where partition would take too long, the court can grant the divorce first. It then orders the husband to pay monthly maintenance until partition ends. Alternatively, a wife can ask for a lump sum or regular alimony instead of a property share. That support usually stops if she remarries.
On the other hand, the husband does not have to give a share or alimony in some cases. For example, this applies where the wife denied him maintenance, caused him serious harm, or had a proven sexual relationship with another person. For custody, the court puts the child's best interests first, and young children generally stay with their mother.
Documents Required for Divorce in Nepal
Before you file, gather the following:
- A copy of your citizenship certificate
- Your marriage registration certificate, or other proof of marriage
- Two passport-sized photographs
- Birth certificates of any children
- Evidence that supports your grounds, such as messages, medical reports or witness details
- A temporary residence letter from your ward office, if you file in the district where you now live
- An attested Power of Attorney and your representative's citizenship copy, if you file from abroad
- A passport copy, if either spouse is a foreign citizen
If you never registered your marriage, you can still file. However, you will need other proof that the marriage took place. Our guide to court marriage and marriage registration in Nepal explains how registration works. In addition, some supporting papers, such as certified copies or translations, may need a stamp from a notary public in Nepal.
Can You File for Divorce in Nepal While Living Abroad?
Yes. Many Nepalis now live in Australia, the United States, the United Kingdom, Japan, Korea and the Gulf. Importantly, you can complete the whole divorce process in Nepal without travelling home.
To do this, you appoint a representative in Nepal through an authorised Power of Attorney (अधिकृत वारेसनामा). The Nepali embassy or consulate in your country of residence attests it. Your representative can then file the case, attend hearings and sign documents on your behalf.
How to Execute a Power of Attorney From Overseas
- Your advocate in Nepal drafts the Power of Attorney. It names your representative and lists every divorce power they need, including filing, attending hearings, mediation and signing a settlement.
- Book an appointment at the Nepali embassy or consulate. For example, Nepalis in Australia use the Embassy of Nepal in Canberra.
- Attend in person with your Nepali passport, a copy of your citizenship, your marriage certificate, a copy of your visa, and photographs of you and your representative.
- Sign the document in front of the consular officer, who then attests it.
- Send the original to your representative by courier. Courts need the original, so a scan will not work.
- Your representative files the petition at the District Court in Nepal.
Things to Know Before You Start
Generally, Nepali embassies only attest a Power of Attorney for Nepali citizens. Therefore, if you have taken foreign citizenship, you may need to come to Nepal in person or use another route. Speak to an advocate before you book anything.
If your spouse also lives overseas, the court can serve notice through the embassy or by public notice in a national newspaper. For this reason, give your advocate your spouse's current address abroad.
Most countries recognise a divorce that a Nepali court grants. Even so, check the rules where you live, especially if you hold property or have children there. Australia, for instance, recognises an overseas divorce that is valid where granted. Yet Australian courts can still decide property and parenting matters in Australia.
Can You File a Divorce Case in a Different City or District?
This question comes up often. Many couples marry in one district and then move for work or study. For example, a couple might marry in Biratnagar, while the wife now works in Kathmandu and the husband lives in Itahari.
Generally, you file in the District Court of the district where you live. Your permanent address on your citizenship usually sets this. That said, if you now live in another district, you can typically file there instead. You simply attach a temporary residence letter from your local ward office to the petition. The Civil Procedure Code sets the exact rules, so the right court always depends on your facts.
For instance, a wife whose citizenship shows Morang but who rents in Kathmandu can usually file at the Kathmandu District Court. Similarly, someone from Jhapa who works in Itahari could file at the Sunsari District Court.
Filing in the wrong court causes delays. The registry can refuse the petition, and you then lose weeks refiling. Also, you do not need to travel back and forth between cities. In practice, your advocate can appear at most hearings, and a representative can cover much of the rest.
Divorce in Eastern Nepal and Kathmandu
Our work covers the main courts of Koshi Province. These include the Morang District Court in Biratnagar, the Sunsari District Court in Inaruwa and the Jhapa District Court in Chandragadhi. We also appear at the Kathmandu District Court, and we take appeals to the Biratnagar High Court.
Choosing a local advocate matters. Each court runs its own registry, hearing lists and timelines. As a result, an advocate who appears there often can keep a case moving. Only a licensed advocate can argue your case in court, so it helps to know the difference between a lawyer and an advocate in Nepal. You can learn more about our family law services. If you are still comparing options, see our lists of the top 5 lawyers in Biratnagar and the top 10 best lawyers in Nepal.
How Long Does Divorce Take in Nepal?
A mutual consent divorce is fast. Once the petition and settlement are in order, the court can often decide it within a few days, sometimes at the second appearance.
By contrast, a contested divorce takes much longer. The court must first try to reconcile the couple. If they still will not reconcile, the court generally grants the divorce around one year after filing. Moreover, property disputes, missing evidence and appeals can add months or even years.
Cost follows the same pattern. A mutual consent case needs less court time, so it usually costs far less than a contested one. For typical fee ranges, read our guide to the cost of hiring a lawyer in Nepal.
I am Rupesh Koirala, an advocate practising in Eastern Nepal and the principal of Sulav Legal Services. If you need to start the divorce process in Nepal, whether you live in Morang, Sunsari, Jhapa, Kathmandu or overseas, get in touch today. I will check your grounds, confirm the right court and guide your case from filing to final decision.