If you are considering divorce in Nepal, the first thing to know is that there are two distinct routes: a mutual consent divorce, where both spouses agree, and a contested divorce, where one spouse does not agree or the terms cannot be settled. The route you take determines the process, the timeline and, in large part, the cost.
Divorce in Nepal is governed by Chapter 3 of the National Civil Code 2074 (Muluki Civil Code), and the procedure itself runs through the Family Court or the District Court that has jurisdiction over the respondent's locality.
Grounds for divorce in Nepal
The Civil Code allows a divorce petition to be filed on several grounds. Under Section 94, a spouse can petition when the other has committed adultery, deserted the family, subjected them to physical or mental cruelty, or when the spouses have been living apart for three or more consecutive years. Section 95 gives a wife additional grounds, including polygamy by the husband and marital rape.
How a mutual consent divorce works
A mutual consent divorce under Section 93 is the straightforward option. Both spouses file a joint petition, agree on the terms, and the court can decree the divorce after the prescribed period. In practice this is the route most couples take when the relationship has ended amicably, because it resolves faster and costs far less than a contested case. The petition should cover, where relevant, custody of children, maintenance and the division of property, so those issues are settled rather than left open.
Grounds-based and contested divorce
When only one spouse wants the divorce, the petition must state a recognised ground and the case proceeds through hearings, evidence and, frequently, attempts at reconciliation. Contested matters take longer, and the court will decide custody, maintenance and division of jointly acquired property as part of the final decree. Because the decisions here are discretionary, the evidence you prepare at the start matters a great deal.
Timeframe
- Mutual consent divorce: commonly finalised within a few weeks to two to three months once the court accepts the petition, depending on the court's case load and whether the required cooling-off period applies in full.
- Contested divorce: typically one to two years from filing to decree, and longer where custody or property is disputed or where the respondent cannot be located.
Documents you will normally need
- Citizenship certificates of both spouses
- Marriage registration certificate (or court marriage certificate)
- Where children are involved, their birth certificates
- Aged statements or self-declarations and evidence supporting any claim over property
- If a spouse lives abroad, a properly authenticated power of attorney
How much a divorce costs
The court fees on a divorce plaint in a district court in Nepal are modest, usually a few hundred rupees. The larger part of the cost is professional fees, which depend on whether the matter is mutual or contested and how much negotiation and hearing time the case requires. A mutual consent file can be handled on a fixed fee; a contested case with property and custody issues is typically billed on a milestone basis. You should ask for a clear fee structure before engaging a lawyer.
Divorce when a spouse lives abroad
Nepali couples living abroad can often proceed with a mutual consent divorce through a power of attorney signed before a notary in their country of residence, attested by the Nepali embassy there, and authenticated in Nepal. This avoids requiring both spouses to travel to Kathmandu. Contested cases are harder to run remotely and usually need at least one appearance by the petitioner or a cross-examination.
What happens to custody, maintenance and property
The court determines custody in the interest of the child, looking at the child's welfare, age and the care each parent can provide. Maintenance follows the needs of the dependent spouse and children and the capacity of the person paying. Property acquired during the marriage through joint effort is generally divided between the spouses; ancestral and individually owned property is treated separately. For a fuller picture of these questions, see our child custody and partition of property pages.
Practical steps to take
- Speak to a family lawyer before filing so the right route and grounds are chosen.
- Assemble the documents above, including the original marriage certificate.
- If the divorce is mutual, try to agree the terms on custody, maintenance and property in writing first.
- File the petition with the correct court and attend the required hearings.
- Once the decree issues, update matters such as records and, if you remarry, register the new marriage.
Our family law team handles mutual and contested divorces, custody and maintenance disputes across Nepal and for Nepali couples abroad. Read about our divorce services or book a consultation to discuss your situation confidentially.