Divorce & Separation

We at Ways Legal provide Divorce and Separation related legal services and counseling. Divorce by Mutual consent is quicker means of divorce where both parties agree to separate by mutual consent under there will. There might be alimony, maintenance and child custody (if any child) related matters to be consented. The legal provision sets no limits on the amount of maintenance. Child custody in mutually consensual divorces can be shared, joint, or exclusive depending upon the understanding of the spouse.

Legal Grounds for Divorce in Nepal

According to Section 94 of Civil Code 2074, husband or wife can seek a divorce in any of the following circumstances even without consent of their spouse:

Grounds for Husband:

• if the wife has been living separately for three or more consecutive years, without consent of the husband;
• if the wife deprives the husband of maintenance costs or expels him from the house;
• if the wife commits an act or conspiracy likely to cause the grievous hurt or other severe physical or mental pain to the husband;
• if the wife is proved to have made sexual relation with another person;

Grounds for Wife:

• if the husband has been living separately for three years or more consecutively, without consent of the wife
• if the husband deprives the wife of maintenance costs or expels her from home;
• if the husband commits an act or conspiracy likely to cause grievous hurt or other severe physical or mental pain to the wife;
• if the husband concludes another marriage;
• if the husband is proved to have made sexual intercourse with another woman;
• if the husband is proved to have raped the wife.