Divorce Lawyer in Nepal: Divorce Law Firm

A marriage is formally ended or dissolved by a court of law through divorce, which results in the termination of marital responsibilities and obligations. With the mutual consent of the spouses, the marriage can be dissolved at any given moment. Nevertheless, both the husband and wife are capable of initiating the divorce process without the consent of their respective spouses. Divorce-eligible conduct must be reported to a court of law within three months of the date of the conduct in question occurring, or the date of knowledge of such conduct.

Divorce Lawyer in Nepal

Imperial Law Associates houses some of the Best Divorce Lawyers in Nepal capable of Executing Financially Complex Divorce Cases and successfully securing Hassle-Free Divorce for its Clients. 

Free Legal Consultation

Divorce lawyers in Nepal provide complimentary legal consultations. During these sessions, we document the specifics of the divorce situation and offer preliminary resolutions. Without charging you anything, our Divorce Lawyers provide information about legal options.

Legal Representation

Throughout the divorce procedure, divorce lawyers in Nepal provide committed legal representation. They contend on behalf of their clients’ rights during negotiations and court proceedings. For Representation, Imperial Law Associates has Skillful and Industry-Leading Experts.

Drafting Legal Documents (Petition)

Lawyers aid in the preparation and submission of divorce petitions and other required legal documents. We are well-known for our High-Quality Legal Documents and Internationally Acclaimed Drafting Team. We ensure that our clients are not burdened by paperwork.

Mediation and Negotiation

Divorce lawyers facilitate mediation and negotiation between spouses. They aim to reach amicable settlements outside of court. Imperial Law Associates employs effective negotiation tactics to achieve favorable outcomes for their clients.

Child Custody and Support

Divorce Lawyer in Nepal also work for securing their Client’s Rights regarding child custody arrangements and support obligations. They also negotiate a fair support arrangement and a favourable custody agreement. Child Custody Negotiations Are Handled Expertly By Imperial Law Associates.

Property Division

Partition of Property has been provisioned after the failure of Mediation and Negotiation Process. As a Divorce Lawyer in Nepal, Imperial Law Associates vouches for equitable distribution of marital assets and properties in accordance with Nepalese Law.

Alimony and Spousal Support

Divorce lawyers help determine and negotiate spousal support or alimony payments. Our Law Firm ensures that clients receive or pay appropriate amounts based on their circumstances.

Appeal

In case of dissatisfaction with court decisions, lawyers handle appeals on behalf of clients. They challenge rulings or seek modifications to divorce orders.

Divorce Laws in Nepal

National Civil Code, 2017 (2074) has provisioned for Divorce Laws in Nepal from Section 93 to Section 104 of the Code. The Substantive Provisions for the clauses to initiate Divorce in Nepal, the procedure of effecting divorce, consequences of divorce such as Partition of Property, Alimony and Maintenance have been discussed.

Initiation of Divorce

Divorce can be Initiated by Both Husband and Wife without the consent of the Either.

Initiation of Divorce by Husband

  1. Separation of Residence: If the wife has maintained a distinct residence for a minimum of three consecutive years without obtaining the consent of the husband.
  2. Deprivation of Maintenance: If the wife forgoes maintenance payments or kicks the husband out of the property.
  3. Acts of Harm: If the wife engages in a conspiracy or act that is likely to cause the husband serious harm or severe physical or mental suffering.
  4. Infidelity: If it has been proven that the wife has engaged in sexual relations with an individual other than herself.

Initiation of Divorce by Wife

  1. Live Separately: If the husband and wife have been cohabitating apart for a minimum of three years without the wife’s consent.
  2. Maintenance Deprivation: If the husband refuses to pay the wife’s maintenance obligations or drives her away.
  3. Acts of Harm: If the husband engages in a conspiracy or act that is likely to cause the wife severe physical or mental anguish.
  4. Polygamy: If the husband marries again.
  5. Infidelity: If it is proven that the husband has engaged in sexual activity with a different woman.
  6. Rape: If it is proven that the husband sexually assaulted the wife.

Partition of Property

If the divorce is initiated by the husband, upon the wife’s demand, the court is mandated to ensure the partition of property between the husband and wife before finalizing the divorce.

In cases where the wife files for divorce based on specific grounds outlined in the law, the divorce is considered to be initiated by the husband for the purpose of property partition. If a property is jointly registered in the names of both spouses or either of them, the court must oversee the legal partition of such property between them prior to granting the divorce.

If the husband has not obtained a partition of property from his father or other coparceners, the court is empowered to inquire about and ensure the equitable distribution of property among the husband, wife, and other entitled coparceners.

In cases where the partition process is expected to be lengthy, the court may proceed with the divorce and order the husband to provide monthly expenses, known as alimony, to the wife until the partition is finalized. However, if the wife remarries before the partition, she forfeits her right to a share of the partition.

Lump Sum Amount (Alimony)

If the wife seeking divorce prefers to receive a lump sum amount or periodic alimony instead of a share of the partitioned property, she can request the court for such arrangements.

The court has the authority to order the husband to provide either a lump sum amount or annual/monthly alimony based on his property or income.

However, similar to the provision regarding property partition, if the wife remarries before receiving the lump sum amount or alimony, she forfeits her entitlement to it.

Maintenance Costs

If the wife is unable to obtain a partition share due to the absence of property, she can request maintenance costs from the husband. The court has the discretion to order the husband to provide maintenance costs to the wife based on his income. However, the Following Conditions must be met:

  1. If the wife remarries, she is no longer entitled to receive maintenance costs.
  2. If the wife’s income surpasses that of the husband, the court may not require the husband to provide maintenance costs.

Divorce Procedure in Nepal

The Procedure of Divorce in Nepal are as follows:

a) Filing the Petition:

Either the husband or wife seeking divorce must file a petition in the appropriate District Court.

b) Notification to the Other Party:

The Court notifies the other party through court officials about the petition.

c) Response from the Other Party:

Upon receiving the notification, the other party must file a reply within the specified timeframe.

d) Mediation between Spouses:

The Court aims to reconcile the spouses and resolve the dispute through mediation, if possible.

e) Division of Property:

If the divorce is initiated by the husband, the Court, upon the wife’s request, may divide the property between them before finalizing the divorce. If partitioning may take a significant amount of time, the Court may proceed with the divorce and order the husband to provide monthly alimony until the property is divided.

f) Court’s Decision on Divorce:

If reconciliation efforts fail and continuing the marriage is deemed untenable, the Court will grant the divorce.

g) Marriage Registration Certificate:

The divorce decision is recorded, and the marriage registration certificate is canceled by the relevant Ward Office.

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