Divorce is a difficult and emotionally taxing process, but in some situations, it may be the necessary step to end a troubled marriage. In Nepal, the legal process for divorce is governed by the Civil Code (2017) and can involve different procedures depending on the type of divorce. This guide will outline the steps to get a divorce in Nepal, explaining the legal requirements, the process, and what to expect.
Types of Divorce in Nepal
There are two main types of divorce recognized under Nepalese law:
- Divorce by Mutual Consent: Both spouses agree to the divorce, and they jointly submit an application to the court. This process is typically quicker and less complicated than a contested divorce.
- Contested Divorce: This occurs when one spouse does not agree to the divorce, or there is a dispute regarding issues such as property division, alimony, or child custody. In such cases, the divorce process can be lengthy and may require court hearings.
Steps to Get a Divorce in Nepal
1. Understand the Grounds for Divorce
The grounds for divorce in Nepal include:
- Mutual Consent: If both parties agree to end the marriage.
- Desertion: If one spouse leaves the other for a prolonged period without just cause.
- Adultery: If either spouse has engaged in extramarital relations.
- Cruelty: If one spouse has subjected the other to physical or mental abuse.
- Incompatibility: If the marriage has irretrievably broken down, and the couple is no longer able to live together peacefully.
If you’re pursuing a contested divorce, it’s essential to establish valid grounds for the separation based on one or more of the above criteria.
2. Filing the Divorce Petition
To initiate the divorce process, the petitioner (the spouse seeking divorce) must file a petition with the Family Court. If it is a divorce by mutual consent, both spouses need to submit the petition together. In the case of a contested divorce, only the petitioner needs to file.
- Required Documents: The following documents are typically needed when filing for divorce:
- A marriage certificate (if applicable).
- Proof of residence.
- Any evidence supporting the grounds for divorce (e.g., proof of desertion, adultery, or cruelty).
- A written statement detailing the reasons for seeking a divorce.
3. Court Proceedings
Once the petition is filed, the court will review the case and schedule a hearing. For a mutual consent divorce, the court will generally try to facilitate an amicable settlement, and after reviewing the application, it may grant the divorce after a waiting period (usually six months). During this time, the court will encourage the parties to reconsider their decision or negotiate a settlement.
In contested divorces, the case may require multiple hearings to resolve disputes. The court may ask both parties to provide additional evidence and witness testimonies. If children are involved, the court will also consider child custody arrangements.
4. Settlement and Mediation
In many divorce cases, the court will suggest mediation or counseling sessions to help the parties resolve any disputes related to property division, alimony, or child custody. Mediation aims to reach an agreement without a lengthy court trial.
If both parties cannot reach an agreement, the court will pass a judgment, making decisions on property division, child custody, and alimony based on the evidence presented.
5. Finalization of the Divorce
Once the court reaches a decision, it will issue a decree of divorce, which legally dissolves the marriage. For mutual consent divorces, the process may be faster, and the decree is usually issued once the waiting period is completed. For contested divorces, the final decision will include detailed terms on the division of assets, alimony, and child custody, depending on the case.
Post-Divorce Considerations
After the divorce is finalized, both parties must abide by the terms of the divorce decree, which may include:
- Property Division: In Nepal, property is generally divided equally, but specific arrangements may vary depending on the agreement or court decision.
- Alimony: One spouse may be required to provide financial support to the other, especially if there is a significant income disparity or one party cannot support themselves.
- Child Custody and Support: The court will determine the best interests of the child, including custody arrangements and the payment of child support.
Conclusion
Getting a divorce in Nepal involves several legal steps, whether the divorce is by mutual consent or contested. While the process can be lengthy and emotionally challenging, understanding the steps involved and knowing your legal rights can help make the process smoother. It is always advisable to consult with a qualified divorce lawyer to guide you through the complexities of the legal system and ensure that your interests are protected throughout the proceedings.
