Divorce by Mutual Consent in Nepal

Divorce by mutual consent means that both spouses agree to end their marriage and submit a joint application to the district court, along with a settlement agreement on property division, alimony, and child custody. The court will review the application and issue a divorce certificate within two working days.

Divorce by mutual consent does not require any grounds or reasons for divorce, unlike divorce by court order, which requires one spouse to prove the fault of the other spouse on the basis of adultery, desertion, cruelty, impotence, insanity, or incurable disease.

Divorce by mutual consent is the fastest and easiest way of divorce in Nepal, as it does not involve any litigation or trial. It also saves time and money for both spouses, as they do not need to hire lawyers or pay court fees. It also reduces the emotional stress and conflict that may arise from a contested divorce.

Steps for Filing for Divorce by Mutual Consent

1. First, they need to go to the district court where they got married or where they last lived together as husband and wife. They need to fill out a joint application form and attach a copy of their marriage certificate, citizenship certificate, and passport size photos.
2. Second, they need to draft a settlement agreement that specifies how they will divide their property, assets, debts, and liabilities. They also need to agree on the amount and duration of alimony (if any) and the custody and support of their children (if any). They need to sign the agreement in front of two witnesses and attach it to their application form.
3. Third, they need to submit their application form and settlement agreement to the court registrar. They need to pay a fee of NPR 200 for filing the case. The court registrar will verify their documents and issue them a receipt.
4. Fourth, they need to wait for the court's decision. The court will review their application and settlement agreement and issue a divorce certificate within two working days. The divorce certificate will be valid and recognized in both Nepal and abroad. They can use it as proof of their marital status and remarry if they wish.

Advantages and Disadvantages of Divorce by Mutual Consent

Advantages

• It is quick and easy: Divorce by mutual consent can be completed within two working days after submitting a joint application to the court. It does not require any litigation or trial.
• It is cost-effective: Divorce by mutual consent does not require hiring lawyers or paying court fees. It only requires paying a nominal fee of NPR 200 for filing the case.
• It is less stressful: Divorce by mutual consent does not involve any emotional or legal conflict between the spouses. It is based on mutual understanding and respect. It also minimizes the impact on the children (if any).

Disadvantages

• It requires agreement: Divorce by mutual consent can only be done if both spouses agree to divorce and all the terms of the settlement. If one spouse does not agree or changes his or her mind, the divorce cannot be done by mutual consent.
• It may be unfair: Divorce by mutual consent may not reflect the true situation and needs of both spouses. For example, one spouse may agree to a divorce out of pressure, fear, or guilt. Or one spouse may get a larger share of the property or a lower amount of alimony than he or she deserves.
• It may be invalid: Divorce by mutual consent may be challenged or invalidated by the court if it is found to be fraudulent, coerced, or against public policy. For example, if one spouse hides or transfers his or her assets before the divorce, or if one spouse marries another person before the divorce is finalized.

If you need more information or assistance on how to file for divorce by mutual consent in Nepal, you can contact Divorce Nepal at https://lawyerspokhara.com/. We are a team of experienced lawyers who can help you with all aspects of divorce law in Nepal. You can call us at +977 9851119296 or email us at [email protected]. We are also available on WhatsApp and Viber.