Welcome to Divorce Legal Help Desk of Lawin and Partners. your 24/7 consulting legal partner.
Dissolution of marriage is most emotional and difficult challenge individual face. Our Divorce Lawyers help desk is your legal partner to lead your emotion, economic vulnerability and stress. we are authorized guidance to navigate both spouses including foreigners or NRNs.
In Nepal divorce is governed by Muluki Civil Code 2074 which defines dissolution of marriage and protecting either spouse and children property, alimony and other rights.
Divorce to be valid must only be granted through court only. Majorly 3 types of divorce is recognized under Divorce Law of Nepal:
1. Mutual Consented Divorce:
The process of mutually agreed divorce between husband and wife is of 2 days court process. Both parties come with all mutual settled structures.
2. Long term Litigation Based Divorce:
Either spouse can file case in court directly with their specific grounds. It is long term divorce with one year and more timeframe to get final judgement.
3. One-Sided Divorce:
One sided divorce or unilateral divorce in Nepal refers that process where either party initiate divorce proceedings without consent against wishes of other spouse with specific grounds of divorce. Time frame to end the process will be 6 to 8 months.
STEP-BY-STEP DIVORCE PROCESS IN NEPAL: COMPLETE GUIDE
1. Mutual Consent Divorce
- Both spouses agree to divorce
- Quicker process (2 days)
2. Contested and Unilateral Divorce /One-Sided Divorce
- One spouse files against unwilling spouse
- Longer process (6-24 months)
PHASE 1: PRE-FILING PREPARATION
Step 1: Legal Consultation and advice
- Meet with divorce lawyer in Nepal
- Determine divorce type (mutual vs contested)
- Understand rights/obligations
Step 2: Required Document Collection
- Marriage certificate (original + copies)
- Citizenship certificates (both spouses)
- Children's birth certificates (if any)
- Property documents (joint assets)/ancestral properties
- Financial records (income, bank statements)
- Passport-sized photos (4 each)
- Witness citizenship copy
-Full address of abroad (if applicable for POA)
Submission of patination in Court
Step 3: Drafting Petition or Lawsuit
For Mutual Consent Divorce
- Joint petition signed by both spouses
Settlement agreement on:
- Child custody/support
- Property division
- Alimony (if applicable)
For Contested Divorce
- Petitioner's statement of facts
- Details of grounds with evidence
- Relief sought (divorce and other matters)
Step 4: Filing in District Court
Submit and register lawsuit in the District Court
PHASE 2: DUE PROCESS PHASE
DIVORCE PROCESS IN THE COURT:
| SN | Step | Process | Time Frame |
|---|---|---|---|
| 1 | Drafting and Registration | Court registration process with required documents and petition filing. | 4–5 days for preparation |
| 2 | Summon Issuance | Court Summon Department delivers case notice to opponent parties. | 3–6 weeks |
| 3 | Reply/Response Filing | Respondent files reply within 36 days of receiving the summon notice. | 3–4 weeks |
| 4 | Hearing Dates | Pleading after reply is submitted to court by respondent. | 1–2 weeks |
| 5 | Evidence Submission & Witness Statement Order | Court judge provides order for collecting evidence. | 1–2 weeks |
| 6 | Witness Examination | Witness statement recorded in court with questions and answers. | 1–2 weeks |
| 7 | Mediation and Reconciliation | Order of mediation issued by judge. | 3–4 months |
| 8 | Court Fee Submission (if applicable) | Property valuation and court fee submission (in property-related cases). | 1–2 weeks |
| 9 | Final Arguments | Pleading by both parties’ lawyers defending their respective clients. | 1–2 weeks |
| 10 | Judgements | Court provides final judgment on the case. | 3–4 months to receive final judgment |
| 11 | Appeal Process | Drafting appeal if the decision is not satisfactory. | Up to 6 months from final judgment for appeal preparation |
PHASE 3: POST-DIVORCE PROCESS
Step 5: Implementation of Judgement:
Transfer property titles in your name, set up child support payments, execute custody of child.
Step 6: Official Registration at Ward Office
Register divorce at Local Ward Office and get divorce certificate submitting court divorce judgement or reconciliation documents, Update marital status on citizenship
It’s a divorce where both husband and wife agree to end the marriage peacefully.
At the District Court
No, they can appoint an attorney to appear in the court, on their behalf.
Citizenship copies, marriage certificate, Birth Certificate if have children, and any agreement on property/children.
2 days.
No detailed explanation is needed. Saying “mutual consent” is enough
Yes, the couple can create their own written settlement. The court approves it.
Parents must agree on custody, visitation, and financial support before filing.
Yes, the court issues it on the same day.
Yes, it costs far less and takes very little time.
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Phone : +9779841933745, +9779841933745
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