Ten Things you must consider in Divorce process in Nepal

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Ten Things you must consider in the Divorce process in Nepal

If the idea of divorce is mature if it is a thought and rethought decision; if there is really no alternative but to end the marriage. If you understand that the divorce is not a means of punishment or revenge; if you understand that the consensual way is, by far, the best alternative for the end of your marriage. Then it is better that you will go on the divorce process in Nepal. There are several things to consider in the divorce process before you file in court. The divorce process in Nepal involves a number of complex questions, such as how to raise a child and share property. Here are ten things that you must think before filing for a divorce process in Nepal:

1. Pregnancy

Your marital relationship is deteriorating. If there is no possibility of reconciliation between the two, it is better not to get pregnant. In case of divorce during pregnancy, there may be a dispute as to who will pay for the maintenance and the upbringing of the child. Pregnancy affects the divorce process in Nepal. The child’s share of the property has to be separated.

2. A physical and mental situation has been created to sever the relationship

After marriage, there may be a misunderstanding and conflict for a long time between the couple. In the case of a husband or wife who has been addicted for a long time and no matter how hard they try, it is necessary to take a decision to divorce. Even when couples are deeply in love with each other, they should not make the decision to end the relationship out of a simple quarrel and animosity. A good family relationship should be maintained by reconciling family relationships as much as possible. Taking the divorce process in Nepal is a big step or next milestone of your life so you should not take the decision when your emotional. Make sure that all means of reconciliation have been tried and exhausted and therefore you are taking divorce.

3. Choose a Top Divorce lawyer practitioner

Top Divorce Lawyers play a vital role in resolving the divorce process in Nepal quickly and easily. A well-experienced lawyer has the ability to dissolve the relationship in a few days by consulting both husband and wife well. Divorce Nepal is a good law firm for you. We have reputed Top Divorce lawyers who have been dealing with divorce cases for more than thirty years. We make it easy for you to resolve the issue of the divorce process in Nepal.

4. Women should always claim for property

When a woman demands a divorce, it is her right to claim for the property of her husband. Therefore, before filing for a divorce, it is necessary to find out how much property there is in the form of cash or immovable property such as house or land. In Nepal, via the Citizenship number, you can find out the plot and lot number of the land. Therefore, when you are still married, make sure that you keep a photocopy of citizenship along with a photocopy of lalpurja (it is a testimonial document with a red seal for land ownership). Don’t ever leave your right to claim for the property thinking when claiming for the property in the divorce process in Nepal, the issue will take a long time in the court to resolve.

5. Think about child custody

The most important thing to consider when divorcing is who will take the responsibility of raising a child. In the case of the divorce process in Nepal, it should be clearly mentioned who will be responsible for the protection and raising of a child, a husband, or a wife. According to the Divorce law of Nepal, mothers have the right to take custody of a child until he reached the age of 10. After the age of 10, children have the right to choose with whom they want to stay mother or father. Before the divorce, the upbringing of the children takes place with the consent of both husband and wife. But after the completion of the divorce process in Nepal, the children will not get the same care from their parents so they should be well informed about the situation in advance.

6. Make other arrangements for security after filing for divorce

If you as wife live in the joint family, after filing for a divorce, a situation may arise when your husband may evict you from the house and your security may be threatened. Therefore, if you feel that such a situation may arise, please tell your lawyer. Your legal practitioner will create an environment for your safety by issuing an interim injunction not to evict you from your home. You have to decide whether to fight the issue of living from your husband’s home or outside. If you are fighting a case residing in your husband’s home and if you feel that you are not safe either financially or some other circumstances then you should tell your lawyer clearly about your insecurities.

7. Withdraw money from your joint account

If you have created a joint account in the name of both husband and wife for family expenses and other work, the account must be closed before the occurrence of divorce. If you do not close the account, the money in the account may be misused. So before you file for a divorce process in Nepal, you have to close the account and withdraw money.

8. The entire property should be calculated

In the process of divorce, there is a division of both property and liability. Therefore, it is necessary to calculate how much property both husband and wife have before and after marriage. It is also important to prepare a document containing detailed particulars of both income and expenses. It is also vital to calculate the paternal property that belongs to your in-laws. Similarly, a list of loans if taken from banks should also be prepared. This way, if you get information about the entire property in time, you can prevent or freeze the property from being misused.

9. Whether to demand for alimony or maintenance allowance

After divorce, you as a mother may not be able to take care and raise your child because of the financial problem. In such a case, you need to also ask for alimony or maintenance allowance when you file for the divorce process in Nepal. So if you have a financial problem and you have to ask your husband for allowance, you should state your demand and need along with your divorce file.

10. Necessary elements to pay attention to when a husband file for divorce

Before 2074 BS, there was no provision for the husband to file for divorce directly in the court. The provision that the husband can ask and file for divorce directly has been made only after the Civil Code came into existence on Bhadra 1, 2074 BS. Even today, when a husband seeks a divorce, the court usually does not grant a divorce. When the husband files for a divorce process in Nepal, all the evidence must be presented clearly. Such evidence can be the proof of marriage in the form of audio recordings of phone conversations between the two parties and SMS screenshots. So they should be kept securely.

Conclusion

Getting and filing for a divorce process in Nepal is not a stigma or taboo if it is the ultimate path that reopens the way of happiness and chance for new joyful life for both husband and wife. However, as much as possible, a divorce process in Nepal should be avoided and ways of reconciliation should be practiced. If not, and all the methods and ways have been exhausted, and divorce becomes the only choice, then you should consider the things that we have mentioned above. This ensures your safety and security, for yourself, for your children.