Divorce is a sensitive and often difficult decision, but sometimes it becomes necessary to end a marriage. In Nepal, the legal process for divorce is governed by the Civil Code of 2017, which lays out the procedure and grounds for divorce. Whether it is a mutual consent divorce or a contested one, understanding the process and knowing the necessary steps is crucial for a smooth legal transition. This article will guide you on How to get Divorce in Nepal
Types of Divorce in Nepal
In Nepal, there are two main types of divorce:
- Divorce by Mutual Consent: This is a simpler process where both spouses agree to dissolve their marriage. It is usually quicker and less complicated as both parties mutually decide to part ways.
- Contested Divorce: This occurs when one spouse does not agree to the divorce or disputes aspects such as property division, alimony, or child custody. Contested divorces can be more complex and may require court hearings and legal intervention.
Grounds for Divorce in Nepal
Nepalese law recognizes several grounds for divorce, which must be proven in court in contested divorce cases. These grounds include:
- Mutual Consent: Both parties agree to divorce and submit a joint petition.
- Adultery: If either spouse engages in extramarital affairs.
- Desertion: If one spouse leaves the other without reasonable cause for a prolonged period.
- Cruelty: Physical or mental abuse by one spouse toward the other.
- Incompatibility: If the marriage has irreparably broken down and both spouses can no longer live together harmoniously.
Steps to Get a Divorce in Nepal
1. File the Divorce Petition
The first step in the divorce process is filing a petition at the Family Court. If it is a mutual consent divorce, both spouses must jointly file the petition, expressing their desire to end the marriage. In the case of a contested divorce, only one spouse needs to initiate the process by filing a petition that outlines the grounds for the divorce.
Required documents for filing include:
- Marriage certificate.
- Proof of residence.
- Evidence supporting the grounds for divorce (e.g., evidence of cruelty, adultery, etc.).
2. Court Procedure
Once the divorce petition is filed, the court will schedule hearings. For mutual consent divorces, the court will generally wait for a period of six months before granting the divorce, allowing time for both parties to reconsider. During this period, the court may encourage mediation to settle matters amicably, such as property division and child custody.
For contested divorces, the court will schedule multiple hearings to examine the evidence, hear testimonies from both parties, and consider child custody arrangements if applicable. The judge will assess the situation based on the evidence presented.
3. Mediation and Negotiation
In contested divorce cases, mediation may be suggested by the court to help resolve issues like property division, alimony, and child custody. Mediation allows both parties to discuss and negotiate an agreement outside of the courtroom. If mediation succeeds, the court will incorporate the agreement into the divorce decree.
If an agreement cannot be reached, the case proceeds to trial, where the judge will make a final decision on all contested matters.
4. Final Divorce Decree
Once the court has considered all the evidence and completed the hearings, it will issue a final divorce decree. In mutual consent divorces, this decree is typically granted after the six-month waiting period. In contested divorces, the decree will include the court’s decisions regarding property division, alimony, and child custody.
5. Post-Divorce Considerations
After the divorce is finalized, both parties must comply with the terms set forth in the court’s decree. This may include:
- Property Division: In Nepal, property division is generally equitable, but the court may consider other factors depending on the case.
- Alimony: One spouse may be required to pay financial support to the other if there is a significant income disparity or one spouse cannot support themselves.
- Child Custody and Support: The court will decide custody arrangements based on the child’s best interests, and child support payments may be ordered.
Conclusion
Getting a divorce in Nepal involves several important steps, whether you are seeking a mutual consent divorce or a contested one. Understanding the legal process, grounds for divorce, and potential challenges can help you navigate this difficult time. It is always recommended to consult with a qualified divorce lawyer to ensure that your rights are protected, and the process is handled as efficiently as possible. By following the legal procedures and addressing all necessary matters, you can ensure a fair resolution in your divorce case.
