Divorce is not only a legal process but also an emotional and financial transition. If you are looking for a divorce lawyer in Kathmandu, it is essential to understand the legal framework, court procedures, documentation, costs, and timeline involved under Nepali law. Nepal’s divorce system is governed primarily by the Muluki Civil Code 2074 (2017). Whether you are seeking a mutual consent divorce or filing a contested case, professional legal representation ensures protection of your property rights, child custody, alimony, and future security. Attorney Nepal Pvt Ltd has best lawyers with extensive experience in District Courts, High Courts, and the Supreme Court of Nepal.
Divorce in Nepal is primarily governed by the following laws:
The Civil Code is the principal legislation governing marriage, divorce, alimony, and child custody.
Provides procedural rules for filing divorce cases in District Court.
Ensures equality before law, non-discrimination, and protection of women and children.
Applicable where divorce is based on domestic violence.
Applicable in cases involving cruelty, abuse, or criminal misconduct.
Under the Civil Code, a husband may file divorce if:
Wife lives separately for 3 consecutive years or more.
Wife deprives him of maintenance or expels him from home.
Wife commits adultery.
Wife inflicts physical or mental torture.
Wife suffers from incurable mental illness.
A wife may file divorce if:
Husband marries another woman.
Husband commits rape or unnatural sexual act.
Husband inflicts physical or mental cruelty.
Husband fails to provide maintenance.
Husband suffers from incurable disease.
Husband lives separately for 3 years or more.
Both parties can file joint petition in District Court for divorce by mutual agreement.
The main authority involved in divorce cases is:
Jurisdiction lies where either spouse resides.
The court conducts mediation before proceeding to final judgment.
Issues marriage certificate, recommendation letters.
In case of appeal.
A legal professional who represents clients in divorce, child custody, alimony, and property division cases.
To protect your legal rights, property share, custody rights, and avoid procedural mistakes.
Legally married husband or wife under Nepali law.
After marriage registration and fulfillment of legal grounds as per Civil Code.
At the District Court having jurisdiction over residence.
Through filing petition, mediation, evidence submission, court hearing, and final decree.
Valid marriage under Nepali law.
Fulfillment of grounds mentioned in Civil Code.
Either spouse residing within court jurisdiction.
Required documentation available.
Marriage Registration Certificate
Citizenship Certificates of both parties
Passport size photos
Temporary residence certificate (if applicable)
Evidence of grounds (if contested divorce)
Birth certificate of children (if custody involved)
Property documents (if property division claimed)
Consult experienced divorce lawyer in Kathmandu.
Prepare divorce petition as per Civil Procedure Code.
Submit petition with required documents and fees.
Mandatory reconciliation attempt.
Submission of evidence and witness examination (if contested).
Court grants divorce decree.
Obtain certified copy of court decision.
The cost depends on complexity:
Mutual Divorce: NPR 25,000 – NPR 80,000
Contested Divorce: NPR 50,000 – NPR 2,00,000+
Court fee: Nominal government fee
Additional costs: Documentation, notary, appeals
Attorney Nepal Pvt Ltd offers transparent pricing and professional legal service.
Mutual Consent Divorce: 3–6 months
Contested Divorce: 6 months – 2 years
Appeal cases: Additional 6–12 months
Timeline varies depending on court workload and evidence complexity.
Child custody determination
Alimony (Maintenance) settlement
Property division as per law
Update marital status in official documents
Registration of court decree at ward office (if required)
It generally ranges from NPR 25,000 to NPR 2,00,000 depending on whether the divorce is mutual or contested.
Mutual divorce takes around 3–6 months, while contested divorce may take up to 2 years.
Yes, wife can claim partition share and alimony as per Civil Code 2074.
Yes, marriage must be legally registered.
No, divorce must be approved by District Court.
Court decides based on best interest of the child.
Yes, if marriage was registered in Nepal or jurisdiction applies.
Attorney Nepal Pvt Ltd has best lawyers in Kathmandu with decades of experience in divorce litigation, family law disputes, property division, and child custody cases. Our team ensures confidentiality, strategic representation, and result-oriented advocacy before all courts of Nepal.
This article is for informational purposes only and does not constitute legal advice. Divorce laws may change, and each case depends on specific facts. For personalized legal consultation, consult a qualified divorce lawyer in Kathmandu.
If you need assistance with divorce, child custody, or alimony matters, contact Attorney Nepal Pvt Ltd for professional legal guidance.
February 25, 2026 - BY Admin