Divorce is a significant legal process that terminates a marriage. In Nepal, divorce laws are governed by the National Civil Code 2017. Whether you’re considering divorce or just want to understand your rights, this comprehensive guide will provide essential information about divorce procedures, grounds for divorce, and the legal process in Nepal.
Types of Divorce
- Divorce with Mutual Consent:
According to Article 93 of the Civil Code, a divorce can occur at any time if both spouses agree to it. Even if neither party is at fault, they can mutually decide to end the marriage.
Key points:
- Property Division: Couples should agree on property distribution.
- Child Custody: Decide on child custody and support responsibilities.
- Quick Process: With mutual consent, divorce can be concluded in two working days.
- Low Cost: No need for lawyers, saving time and money.
- Less Stress: Avoid prolonged legal battles.
- Divorce by Court Order:
When spouses disagree, either party can file a lawsuit in the relevant district court.
Divorced is what you are, not who you are.
– Karen Covy
Grounds for divorce:
Husband’s Grounds:
- Staying apart for over 3 years without consent.
- Threatening life or causing serious harm.
- Incurable sex-related disease.
- Illicit sexual relations with another person.
Wife’s Grounds:
- Husband marries another woman.
- Eviction from home.
- Denial of daily subsistence.
- Threatening life or causing harm.
- Impotency or incurable sex-related disease.
- Deceptive information during marriage.
Common Grounds (Applicable to Both):
- Underage marriage (married below 18, no child).
- Marriage under duress or force.
Automatically a Divorce:
- If the wife marries another man, it is considered an automatic divorce.
Required Documents for Divorce in Nepal
To initiate divorce proceedings, you’ll need the following documentation:
- Petition for Divorce: A joint petition submitted to the relevant district court.
- Supporting Documents: Evidence supporting your grounds for divorce.
Remember that divorce is a serious step, and seeking legal advice is crucial. Consult a with our attorneys to navigate the process effectively and protect your rights during this challenging time.
Contact us 9851159692
Miracles Law
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