Divorce and Family Litigation

Divorce and Family Litigation

At Lawin and Partners, we specialize in divorce in Nepal, offering a blend of strategic legal practical counsel. As a leading family law firm in Kathmandu, we are dedicated to helping clients navigate the complexities of the Muluki Civil Code, 2074, ensuring that their rights and the well-being of their families, remain at the forefront of every legal decision.

Divorce and Family Litigation in Nepal  

Today, family law cases in Nepal are handled with a greater focus on gender neutrality and the fundamental rights of each spouse. Divorce in Nepal is no longer just about ending a marriage; it involves complex resolution of property rights, parental responsibilities, and financial security. The role of a family lawyer in Nepal is to act strategically tailored solutions that minimize conflict maximizing legal protection of our clients 

Mutual Consent 
As a top divorce lawyer in Nepal, we guide clients through the two primary pathways for marriage dissolution:

A. Mutual Consent Divorce
A mutual divorce in Nepal is the fastest and most amicable way to end a marriage. If both spouses agree on the terms of separation, including property and custody, the court can grant a divorce decree in as little as two days.

B. Contested Divorce
A contested divorce in Nepal occurs when one spouse does not agree to the divorce or the terms. This process is more rigorous and requires establishing legal grounds.

Grounds for Divorce (Husband and Wife):

  • Separation: Living separately for three or more consecutive years without consent.
  • Cruelty: Acts or conspiracies likely to cause grievous hurt or severe physical/mental pain.
  • Adultery: Proved sexual intercourse with another person.
  • Desertion: Depriving the spouse of maintenance or expelling them from the home.
  • Bigamy: The husband concludes another marriage (a specific ground for the wife).


Property Division and Financial Settlements before Divorce

In Nepal, the concept of Ansha (property partition) is central to divorce. A wife is generally entitled to an equal share of the husband’s ancestral property before the divorce is finalized.

 

Alimony and Spousal Maintenance

Alimony and Spousal Maintenance

If the wife lacks the means to support herself, she may claim alimony or spousal maintenance. An alimony and maintenance lawyer in Nepal can help negotiate a lump-sum payment or monthly expenses based on the husband's income and social standing. It is important to note that if the wife concludes another marriage, the obligation for maintenance typically ends.

Child Custody, Guardianship, and Visitation Rights

Child Custody, Guardianship, and Visitation Rights

The emotional heart of family litigation is often the children. As a specialized child custody lawyer in Nepal, Lawin and Partners advocates for arrangements that prioritize the child's welfare.

  • Under 5 Years: Custody is generally awarded to the mother unless she is deemed unfit.
  • 5 to 10 Years: The father is often given preference if the mother has remarried.
  • Above 10 Years: The court takes the child’s own opinion into account.

We also assist in establishing visitation rights, ensuring that the non-custodial parent maintains a meaningful relationship with their child.

Domestic Violence and Family Protection Laws

Domestic Violence and Family Protection Laws

No one should suffer in silence. Nepal has strict laws against domestic violence, providing victims with the right to seek:

  • Protection Orders: Immediate court intervention to prevent the abuser from entering the home or workplace.
  • Interim Maintenance: Financial support during the trial.
  • Compensation: For physical or psychological trauma.

Our team provides a safe and confidential environment to help victims of violence secure their safety through the legal system.

Family and Divorce Lawyer in Nepal

  • Choosing the best divorce lawyer in Nepal means hiring an advocate who provides:
  • Strategic Planning: Evaluating the strengths and weaknesses of your case.
  • Expert Representation: Appearing before District, High, and Supreme Courts.
  • Document Preparation: Drafting petitions, power of attorneys (Warisnama), and settlement deeds with precision.
  • Emotional Buffer: Handling communication with the opposing party to 
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Frequently Asked Question

In Nepal, there are two primary ways: 

  • Mutual Consent Divorce (where both parties agree) and 
  • Court Decision/Contested Divorce (where one party initiates it based on legal grounds). 

If both the husband and wife agree on all terms, a mutual divorce can typically be finalized within 2 working days in the District Court.

A contested divorce (without mutual consent) generally takes at least one year. 

Yes. You can appoint an Authorized Power of Attorney (Adhikrit Warisnama) in Nepal through the Nepalese Embassy in your country of residence to represent you in court without being physically present.

 Grounds include the wife living separately for 3+ years without consent, physical or mental torture (cruelty), or proof of adultery.

In addition to separation (3+ years) and cruelty, a wife can file for divorce if the husband commits bigamy, marital rape, or fails to provide maintenance/expels her from the house.

In addition to separation (3+ years) and cruelty, a wife can file for divorce if the husband commits bigamy, marital rape, or fails to provide maintenance/expels her from the house.

No. you can file for divorce using other evidence of marriage, such as photos of the rituals or invitation cards and social proofs.

According to the Muluki Civil Code 2074, the wife is generally entitled to an equal share of the husband’s ancestral property (Ansha) before the divorce is finalized.

Yes. A wife can opt for a lump-sum payment or monthly/annual alimony based on the husband’s income and assets if she chooses not to take a share of the property.

A wife may not be entitled to property if she is proven to have committed adultery, caused severe physical/mental hurt to the husband, or expelled the husband from the house.

Custody is determined by the "Best Interest of the Child." Typically:

  • Under 5 years: Custody usually goes to the mother.
  • 5 to 10 years: Usually goes to the mother unless she has remarried.
  • Above 10 years: The court takes the child’s preference into account.

Yes. If the mother remarries or if it is proven that the mother cannot provide a safe and healthy environment, the father can claim custody.

The non-custodial parent is legally entitled to reasonable visitation rights to maintain a meaningful relationship with the child, as determined by the court or mutual agreement.

While a mutual divorce is simple, a lawyer ensures that your Settlement Agreement is legally sound and protects your long-term interests regarding property and children.

Contested cases involve complex evidence gathering and legal arguments. A specialized family lawyer in Nepal helps navigate the court process, handles mediation, and ensures that the final verdict is fair.

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