Divorce Process in Nepal: A Comprehensive Guide (2025)

Divorce, or the legal dissolution of a marriage, is an emotionally challenging yet sometimes necessary step for individuals when marital life becomes unsustainable. In Nepal, the divorce process is governed by statutory laws that balance individual rights with legal protocol to ensure justice and dignity for both parties. Medha Law and Partners Is a leading law firm in Nepal.

What is Divorce?

Divorce is the formal termination of a marital union by a competent court of law. In Nepal, divorce not only severs the marital relationship but also lays down legal obligations concerning alimony, child custody, property division, and other matrimonial rights. Governed by the Muluki Civil Code (2074 B.S.), specifically Chapter 3 on ‘Provisions Relating to Divorce’, the law ensures a legal framework to end a marriage in a just and structured manner.

Legal Provisions Relating to Divorce in Nepal

Section 93: Divorce by Mutual Consent

If both the husband and wife mutually agree to end the marriage, they can file a joint petition to the court at any time.

Section 94: Divorce by Husband Without Wife’s Consent

A husband can initiate a divorce unilaterally under the following conditions:

• The wife has been living separately for 3 or more consecutive years without his consent (excluding legal separation through partition of share).
• She deprives him of maintenance or expels him from the home.
• She commits or conspires to commit acts likely to cause grievous physical or mental harm.
• She is proven to have had sexual relations with another man.

Section 95: Divorce by Wife Without Husband’s Consent

A wife may initiate divorce on the following grounds:

• The husband has lived separately for 3 or more consecutive years without her consent.
• He denies her maintenance or expels her from the house.
• He causes grievous physical or mental suffering.
• He marries another woman.
• He has sexual relations with another woman.
• He is proven to have raped his wife.

Section 96-98: Filing and Mediation

• A formal petition must be submitted to the district court.
• The court will attempt mediation.
• If reconciliation fails, the court will issue a divorce decree after one year of the initial petition if both parties are unwilling to reconcile.

Where to File for Divorce in Nepal?

Divorce cases in Nepal must be filed in the District Court where either spouse resides. These courts have exclusive jurisdiction over family matters, including divorce, child custody, and alimony.

Documents Required for Divorce in Nepal

Here’s a checklist of documents generally required:

1. Citizenship certificate of both spouses
2. Marriage registration certificate
3. Proof of separation (if any)
4. Details of children (if applicable)
5. Property details and agreements (if applicable)
6. Mediation records (if any prior attempt made)
7. Petition for divorce (in Nepali)
8. Identity documents of witnesses (if required)
9. Power of Attorney (if represented by a lawyer)

Checklist Before Filing Divorce Petition

• ✅ Determine grounds for divorce
• ✅ Decide if mutual or contested
• ✅ Gather all legal and identity documents
• ✅ Seek legal advice
• ✅ Consider child custody arrangements
• ✅ Prepare financial records and property details
• ✅ Try mediation (optional but encouraged)

Step-by-Step Divorce Process in Nepal (2025)

Step 1: Legal Consultation

Consult a lawyer who specializes in family law to evaluate your case, determine the appropriate grounds, and assess implications like property and custody.

Step 2: Document Preparation

Gather all the required documents including identity proof, marriage certificate, and any evidence relevant to your claims.

Step 3: Filing the Petition

Submit your divorce petition at the District Court. If mutual, both parties must sign and submit the application.

Step 4: Mediation and Counseling

The court mandates mediation to reconcile the couple. This step is essential and may involve multiple sessions.

Step 5: Court Hearings and Statements

If mediation fails, the case proceeds to hearings. Both parties present their statements and evidence.

Step 6: Final Decision

If the court deems divorce to be the most suitable course of action, it will grant a decree. If mutual divorce fails mediation, divorce is granted after one year of filing.

Step 7: Post-Divorce Arrangements

Property distribution, child custody, alimony, and other obligations are legally formalized.

Government Fees for Divorce in Nepal

Government fees vary by district but are generally nominal. As of 2025, estimated costs include:

• Filing Fee: NPR 500 – 1,000
• Document Registration Fee: NPR 200 – 500
• Certified Copies: NPR 100 – 300 per copy

Note: Fees are subject to periodic revision by the Nepalese judiciary.

Lawyer Charges for Divorce in Nepal

Lawyer fees can vary significantly based on the complexity of the case and location:

• Mutual Divorce: NPR 15,000 to NPR 30,000
• Contested Divorce: NPR 30,000 to NPR 100,000+

Additional charges may apply for:

• Child custody negotiations
• Property division
• Drafting legal settlements
• Appealing court decisions

Special Considerations

For Women:

• Women can seek alimony, child custody, and compensation.
• If the husband marries another woman, the first wife is entitled to compensation and divorce rights.

For Men:

• Men must fulfill maintenance obligations if the wife is not financially independent.
• Claims regarding infidelity or separation need strong evidence.

Medha Law and Partners provides complete legal support for the entire divorce process in Nepal — from legal consultation, document preparation, and court petition filing to mediation, hearings, and final divorce decree. Whether it’s mutual divorce or contested divorce in Nepal, our experienced family law attorneys ensure a transparent, hassle-free, and timely resolution. We handle child custody, alimony, and property division as part of the full divorce procedure in Nepal. For expert guidance on divorce registration, legal compliance, and court representation, trust Medha Law and Partners — Nepal’s leading law firm for divorce and family law matters.