Divorce in Nepal – Top 20 Frequently Asked Questions
How to start the divorce process in Nepal?
Divorce can be of two conditions. One is where the husband and wife both agree to mutually file the divorce in court. Another condition is when one party does not agree to divorce.
If both parties agree to divorce, the court process will be only two days, and the proceedings fee is also cheap. While starting the mutually agreed divorce, the husband and wife must agree upon the property, child custody, and the alimony.
If one party has not agreed upon divorce, the other party can file the divorce but the court proceedings will be longer ( may extend up to 1.5 years to 3 years ). The claim of property and child custody will be determined by the decision of the court.
What are the documents required for the divorce process in Nepal?
The list of documents that are required for the divorce process in Nepal is as follows:
1. Marriage Certificate
2. Citizenship of Husband and Wife
3. Birth/Citizenship Certificate of the children if have any
4. List of Property if it is to be claimed
5. Passport-sized photos (4-4 each)
Can we file the divorce from abroad in Nepal?
Yes, you can file the divorce from abroad in Nepal. Your case can be represented by the people with Nepalese Citizenship who reside in Nepal.
What is the process of filing for divorce from abroad in Nepal?
The processes of filing the divorce from abroad in Nepal are:
1. Make the Power of Attorney through the lawyer
2. Power of Attorney is sent to the Embassy of Nepal located in the foreign country where you reside
3. You should go and sign the power of attorney and again send it to Nepal
4. Finally you can represent your case from abroad in Nepal
What is the fastest way to get a divorce in Nepal?
Mutual consent divorce is the fastest way to get a divorce in Nepal. If husband and wife agree to file a divorce, such divorce can be proceed and completed quickly.
What is the ground for divorce in Nepal?
– If the husband and wife have been separated for more than three years.
– If the husband or wife has been kicked out of the house.
– If the husband is violent towards the woman, give the foundation on which the woman can file a lawsuit.
– If the husband has domestic violence.
– If he physically and mentally abuses or changes his wife.
– If the husband or wife has a sexual relationship with someone else.
– If the husband or wife has sexual intercourse with someone other than their spouse if there is a relationship.
How can a husband file for divorce in Nepal?
A husband can file a divorce in Nepal to the district court if there is any ground available specified by the law.
Is a marriage certificate necessary for divorce in Nepal?
A marriage certificate may not be necessary if the marriage was done traditionally and had not been registered in any authorized office.
How long does it take to complete the divorce process in Nepal?
Mutual Consent divorce ( husband and wife agreement for divorce ) is completed within two working days. However, if either husband or wife doesn’t agree to divorce then it may take up to one year or more.
Is it difficult to file a divorce for a husband in Nepal?
It isn’t difficult for the husband to file the divorce in Nepal if there is a reasonable ground available to file the divorce.
Can we file the divorce from another district in Nepal?
Yes, divorce can be filed from another district in Nepal other than the home district. For that, you will require the temporary residence certificate from the ward office where you want to file the divorce.
Can we marry after divorce in Nepal?
After the divorce, you should visit the ward office where you registered your marriage and cancel it. After this, you can easily do another marriage.
What is the method of property division in divorce in Nepal?
If the husband is not separated from his family, at first there will be a division of property among the husband, mother, father, and other partitioners. After that, the husband’s share of the property is divided with the wife in divorce.
Is divorce done in a foreign country applicable in Nepal?
Yes, a divorce done in a foreign country is applicable in Nepal if the divorce is done in an eligible court in a foreign country.
Can a wife claim her husband’s property after divorce in Nepal?
No, a wife can’t claim her husband’s property after divorce in Nepal. A wife should get the property before the divorce process or during the process of divorce.
Can a husband claim his wife’s property in Nepal during divorce?
Yes, a husband can claim his wife’s property in Nepal during divorce. But a husband can’t claim the wife’s property if she got it from her birth home/parents like a house, gold, or any other monetary things.
Will there be an automatic divorce if the husband and wife live separately?
There is no provision that there will be an automatic divorce if the husband and wife live separately. But there is a provision that if the husband and wife live separately for three years without the consent of each other, either husband and wife can file a divorce. After that, it goes to the normal court proceedings and the court may finally give the decision of divorce.
Keep in mind that if the husband and wife live separately by taking their shares of property, there will be no automatic divorce through this process.
Can we marry right after the divorce in Nepal?
If the divorce is done with the agreement of husband and wife, you can marry right after the divorce. But if the divorce is done without the agreement of the husband or wife, you should take note if there is any notice given by the court not to marry for a specific period of time in the decision of divorce.
Can we divorce again with another partner in Nepal?
Yes, you can divorce again with another partner in Nepal if you want to.
What if the wife marries another person in Nepal?
If the wife marries another person in Nepal, the husband can file a divorce and with the court proceedings, there will be an automatic divorce in Nepal.