As a niche firm of international lawyers and divorce specialists we regularly advise individuals based in the UK with connections to an overseas territory like Nepal. Any divorce that may be impacted by the laws of another jurisdiction can become unnecessarily complicated if appropriate legal advice isn’t taken early on. You may be a Nepalese national who has lived in the UK for many years or you may be married to a Nepalese citizen. If any of these circumstances apply to you we can help. Here we outline some of the features of Nepalese family law that you may need to be aware of ahead of your divorce.

Grounds For Divorce In Nepal

Divorce is regulated in Chapter Three of the Nepalese National Civil Code. Couples can seek a divorce by mutual consent or, in the absence of agreement one party can petition the court for divorce.

Divorce by consent – Couples can agree to a divorce at any time. The process is quick (sometimes the decree can be issued in days) and cost effective. However most divorces obtained by consent don’t include property or financial claims. That’s to say the financially weaker spouse (usually the wife) will relinquish any financial claim he or she may have.

Divorce by order of the court – There are various grounds on which either spouse can seek a divorce without the consent of the other. These include three years’ separation, adultery and ‘physical or mental torture’. Grounds differ slightly depending on whether it is the husband or wife applying for the decree.

While ostensibly there is an equal right of men and women to divorce in Nepal, there remains great social stigma attached to being divorced – particularly for women.  Accordingly wives will often opt for a low-key divorce by consent (and forfeit any property claims) to avoid the expense and delays of a contested hearing.

Division Of Property In A Nepalese Divorce

Courts encourage mediation to resolve property and financial disputes on divorce. If this fails the courts have extensive powers to enquire into finances and parties are required to make full disclosure of their assets. A party that hides assets is likely to have these transferred to the other spouse if the lack of disclosure is discovered.

Once financial disclosure has been made the court will consider the following factors before dividing the common property and/or issuing an order of payment of maintenance:

  • Each side’s income and property
  • The length of the marriage
  • Age and health of each party

In certain cases the husband will not be required to pay maintenance or alimony (if he has no earning capacity for example). In addition in certain fault-based cases the wife may lose any claim she has to a husband’s property on divorce.

Child Custody In Nepal

Nepalese courts are obliged by the Civil Code to take custody decisions only in the best interests of the child. Physical custody of children under five is usually given to the other as she is presumed to be the natural guardian. However both parents will usually retain legal custody of children so they each have an ongoing responsibility for the care and upbringing of the child and a joint say when it comes to major decisions about the child.

Advice On Nepalese Divorce

If you have any legal connection to Nepal it’s important to get expert advice if you are considering a divorce. At Brookman we work with clients from all over the world who are seeking divorce in England. Our familiarity with widely differing legal systems means we can effectively advise you on those aspects of Nepalese divorce law that may impact your divorce settlement.

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Henry Brookman has created several discussion videos in order to further explain some areas of divorce.

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Henry Brookman Discusses: Divorce
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About The Team

We are a specialist divorce and international divorce family law team, advising clients in the United Kingdom (specifically England and Wales) and throughout the world. We have a very people–orientated approach to working with clients. Henry Brookman has practised law for over 45 years, and our team has a wide range of skills and expertise. We are recommended by the Legal 500 and have been awarded the Law Society’s quality mark, Lexcel.


Henry Brookman

With over 45 years' experience, Henry Brookman is the senior member of the team. He is described by The Legal 500 as ‘shrewd, savvy, sagacious and highly experienced’.


Talitha Brookman

Talitha is a Partner in the firm and a very experienced practitioner. She has been exclusively practising family law for over 15 years and is a recognised expert in her field.


Philip Morton

Recommended by The Legal 500, Philip is an expert in all areas of family law, including domestic and international financial disputes, fraud and commercial dispute resolution.


Natasha Slabas

Expert in all areas of family law, often involving cases that have an international element, including work in relation to financial settlements following divorce.


Aziz Malik

Aziz is a Partner at the firm and is highly regarded for his expertise on financial matters in divorce and has been recommended by the Legal 500.

Senior Associate

Kirsty Kelleher

Kirsty is a specialist family law solicitor recommended by The Legal 500. An expert in divorce, financial matters, child-related disputes and contentious probate cases.

Senior Associate

Kevin Danagher

Kevin specialises exclusively in family law, advising on all aspects of relationship breakdown, divorce, same sex marriage, marital agreements, and international family cases.

Associate Solicitor

Jennifer Douglas

Jennifer is a talented solicitor, experienced in all elements of family law, including high net worth financial proceedings, Children Act proceedings and financial claims.

Associate Solicitor

Gavin Yeung

Gavin has excellent experience in family law including divorce and financial proceedings and international child abduction proceedings involving Hague Convention countries.

Senior Associate

Pippa Marshall

Pippa’s experience covers all areas of family law including divorce, financial remedies, same sex relationships, pre- and post-nuptial agreements and cohabitee property disputes.

Chartered Legal Executive

Lorraine Imms

With over 20 years' family law experience, Lorraine can advise on divorce, matrimonial finances, cohabitee disputes, nuptial agreements and private children matters.

Office Manager

Lorna Martin

Lorna is our Office Manager who oversees the operations of the firm including providing accounts support as well as secretarial support to the team.

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Evdokia Dikova

Eva is an AAT qualified accounts manager and holds full AAT membership (MAAT). She gained her degree in financial accounting from the University of Economics in Bulgaria.


Victoria Delatouche

Victoria is a highly experienced Legal Secretary and a long-standing member of the team. She provides secretarial support for the office.


Michelle Louison

Michelle provides secretarial support to Henry Brookman. A very experienced family law secretary, Michelle has worked in law for over 12 years.

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Patricia Antonio

Patricia is an experienced secretary and office administrator, handling the calls that come into the office, greeting clients, and managing office presentation.

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