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.
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):
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.
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.
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.
We also assist in establishing visitation rights, ensuring that the non-custodial parent maintains a meaningful relationship with their child.
No one should suffer in silence. Nepal has strict laws against domestic violence, providing victims with the right to seek:
Our team provides a safe and confidential environment to help victims of violence secure their safety through the legal system.
In Nepal, there are two primary ways:
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:
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.
Have a question or need legal assistance? Fill out our contact form and our team of experienced lawyers in Kathmandu, Nepal will get back to you promptly.
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Phone : +9779841933745, +9779841933745
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