Divorce Process in Nepal (2026) - Complete Legal Guide: Latest Update

The divorce process in Nepal is governed mainly by Chapter 3 of the Muluki Civil Code, 2074. Husband and wife may get a divorce by mutual consent, while either spouse may also seek divorce without the consent of the other spouse when the legal grounds prescribed by law are satisfied. Divorce proceedings are filed before the concerned District Court and may involve court notice, response, reconciliation, evidence, property division, maintenance, and child-custody issues.

Divorce in Nepal takes 2-3 days to complete if the husband and wife agree to the divorce. This divorce process guide covers everything from filing procedures to property division and child custody, updated with the latest legal provisions from 2026.

Divorce means the formal, voluntary ending of a marriage by the granting of a decree of dissolution of that marriage on the petition of either party thereto, in a manner that allows the parties to remarry. The divorce process in Nepal is governed by the Muluki Civil Code 2074.

Whether you are searching for a quick mutual agreement divorce (completed within 2-3 days) or facing a contested divorce (one-sided filing requiring 1-2 years to complete), understanding all the legal processes, required documents, costs, and legal rights is vital.

Divorce Law in Nepal: Section 93 to 104

The divorce law in Nepal is governed by Sections 93 to 104 of the Muluki Civil Code,2074. It can be shown in the table as follows:

Legal Grounds for Divorce in Nepal

There are different legal grounds available for divorce in Nepal. The grounds available for divorce to the husband may slightly vary from the legal grounds available to the wife.

Grounds Available for Divorce for the Husband

According to Section 94 of the Muluki Civil Code, 2074, the husband can carry out the divorce process in Nepal under the following circumstances:

• Desertion: If a wife has left her husband and lived separately for a continuous period of three years or more without his consent,
• Cruelty: She has carried out any such act or intrigue or conspiracy as is designed to put an end to the husband's life, lead to his physical disability, or result in any other severe physical or mental suffering to him.
• Expulsion: If the wife deprives the husband of maintenance costs or expels him from the house,
• Adultery: The wife is held to have sexual intercourse with any other man,
• Bigamy/Jari: If the wife concludes a marriage with another person, the relation of such husband and wife shall ipso facto be dissolved.

Grounds Available to Divorce for the Wife

According to Section 95 of the Muluki Civil Code, 2074, the wife can carry out the divorce process in Nepal under the following circumstances:

• Bigamy: If a husband has brought or kept another wife
• Desertion: If a husband left the wife and lived separately without seeking any news of her and without taking care of her for a continuous period of three years or more,
• Cruelty: carried out any such act or intrigue or conspiracy designed to put an end to her life, lead to her physical disability, or result in any other severe physical or mental suffering to her, banish her from the house, or not provide her with food and clothes
• Maintenance Cost: If the husband deprives the wife of maintenance costs or expels her from home, or
• Adultery: The husband is held to have had sexual intercourse with any other woman or
• Rape: The husband is held to have raped the wife.

Evidence Required for One-Sided Divorce in Nepal

The evidence required for one-sided divorce in Nepal:

1. Citizenship
2. Marriage certificate
3. Photos/Videos
4. Evidence of separate residence
5. Call/Messages
6. Medical records
7. Financial Records
8. Police reports
9. Witnesses
10. Other physical and digital evidence

Disclaimer: The evidence required depends on the particular statutory ground and facts of the case. Not every document listed above will be necessary in every divorce case.

Conditions of the Automatic End of the Marriage in Nepal

According to Section 72 of the Muluki Civil Code, 2074, an automatic end of the marriage takes place under the following circumstances ;

• If the marriage was performed without the full consent of the husband and the wife, the marital relations between them shall automatically end.
• If any individual has performed an incestuous marriage, subject to punishment, the marital relations between the husband and the wife automatically end.
• If the wife marries another person before the divorce.

Divorce by Mutual Consent in Nepal - Agreement Divorce in Two Days (Quick Divorce Process)

Mutual consent means the agreement of both parties, i.e., husband and wife. This is the easiest way to get a divorce. There are no procedural difficulties as well, and the cost is very low. If both the husband and wife agree to divorce, this process is completed within two to three days in court.

The cost of the mutual consent divorce in Nepal is NPR 2000 to NPR 15,000. The success rate of this type of divorce is incredibly high as compared to contested divorce.

Partition Before Divorce in Nepal

The legal provision has been made for the Court to conclude property partition after divorce for the wife before granting final dissolution if claimed on grounds attributable to the husband.

If the joint property is in the name of the husband and wife or in the name of either the husband or wife, such property should be partitioned between them according to the law before granting a divorce.

If the property is yet to be acquired in the partition by the husband from his father or other coparceners, the court shall ask for the details of the property in the partition and provide the property to both husband and wife in the partition.

Documents Required for Divorce Filing in Nepal

For the divorce process in Nepal to be carried out, the following documents are required:

• Certificate of Citizenship
• If residing in another place and want to file a divorce from such a temporary place, a recommendation letter/temporary certificate from the concerned ward office
• 2 pp size photos
• Details of the property and property to be claimed
• Court fee
• Marriage Certificate
• Other evidence of marriage, like marriage photos, if there is no marriage certificate
• Birth/citizenship Certificate of the child, if you have any.

Divorce Process in Nepal - Complete Steps

1. Petition to be Filed: The husband or wife who wants to divorce may file a petition in court.
2. Notice: Notice should be given to the other party, i.e., the defendant, through the court about the petition filed.
3. Reply: The defendant must file a reply petition in court within a specific time.
4. Trial: Once both parties have expressed their demands and opinions through the petition and the reply, the trial starts, where the court hears both parties along with their evidence and facts.
5. Mediation to be made between husband and wife: If a petition is filed for divorce, the court shall remind and convince both husband and wife, and unite them.
6. Temporary Orders: As another step of the separate method, the court can issue brief orders relating to child guardianship, alimony, and maintenance as required by the party.
7. Divorce to be effected: If mediation is not possible, the court will separate the husband and wife.
8. Partition of property to be effected before divorce: If the separation is due to the husband's cause and if the wife requests the property, then the court will divide the property between the husband and the wife.
   If the partition of the property can not be brought into effect right away, at that point the wife ought to be given the monthly costs and the share of the husband till the property partition is completed.
9. Cancellation of Marriage Certificate: Registration of the marriage certificate must be canceled from the ward office after divorce.

The Rights of Women after Divorce in Nepal

• Right to Remarriage: The law has secured the right of remarriage to any divorced woman.
• Right to Change the Surname: The law has secured the right of the woman to use her surname from the family by removing the surname of the family of her husband after divorce.
• Right to Use the Property in Partition According to Her Wishes: The law has secured the right of the divorced woman to use the property acquired in the partition from the husband as she wishes, and she need not return it to the former husband. In case of the death of the divorced woman who has no children, the husband again acquires the property. If the woman has some other property, the members of the family and the wife are liable to get it.

Guardianship of Child After Divorce in Nepal

After the lawful divorce process in Nepal is completed, legal child custody and maintenance of a minor will be determined between the father or mother under the following circumstances:

• In the case of a minor who has not attained five years of age, under the custody of the mother, if she so wishes, no matter whether or not she has concluded another marriage,
• In the case of a minor above five years of age, except where the mother has concluded another marriage, under the custody of the mother, if she so desires,
• In circumstances other than those referred to in clause (a) or (b), under the custody of the father.

If there is an agreement between husband and wife about the custody of a minor during divorce, then the custody is according to the agreement.

If the minor is above 10 years, then the opinion of the minor is also taken into consideration.

If the mother or father, under whose custody a minor is living, dies, the surviving father or mother shall take the minor under his or her custody without any delay.

But if the mother has already concluded another marriage, she is not obliged to take a minor above five years of age under her custody.

Sample of Divorce Certificate in Nepal

Divorce certificate from the court after the divorce process in Nepal :

Can you get an online divorce in Nepal?

While courts in Nepal require physical submission, spouses can be legally represented without visiting court through an authorized Power of Attorney (Adhikrit Waresnama). For spouses residing overseas, see our full guide on filing for divorce while living abroad.

Divorce Cost in Nepal

Divorce costs can be divided into government fees and the lawyer's fees. The court fee is Rs 500/- for the divorce and the plaint, defense paper, and for an application, the costs are Rs. 200/-, Rs. 200/- and Rs. 10/- respectively. The lawyer fees are determined by the type of divorce you are processing, such as a mutual agreement divorce and one-sided filing.

Government Court Fees

Lawyer's Fee Structure for Divorce in Nepal

Read our complete guide: Cost of Divorce in Nepal

For Answers and Questions

If you have any queries regarding the divorce process in Nepal, feel free to comment below or contact us directly

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Divorce costs, papers and filing from abroad

This guide covers the divorce process. For fee questions, representation from abroad and child-related issues, use the related guides below. When asking about divorce papers, explain whether you need a petition format, a copy of a judgment or a civil-registration certificate; these serve different purposes.

Cost of divorce in Nepal

Filing for divorce from abroad

Child custody after divorce

Divorce alimony in Nepal

Official reference: Nepal Law Commission — National Civil Code, 2074

Official registration checklist: Department of National ID and Civil Registration