Family Law in Nepal

Published Date: 2023-02-14

What is Family Law?

Family Law is a law that entails the body of statutes and case precedents that govern the legal responsibilities between individual domestic connections. Family Law in Nepal usually contains cases between people who have relations by blood, and marriage, even though these types of cases may affect close relatives who have distance or casual relationships with the family. In family law, there may be varied cases such as emotionally-charged cases and other types of cases. In the nature of emotionally charged cases, litigants are strongly advised to retain legal counsel. Most family law cases are the result of a confrontation of marriage or romantic relationship between the couple. Especially, Family law in Nepal supports cases including divorce, separations, child custody, alimony, visitation, and related other cases.  Family law also handles varied cases such as if the married spouses desire a termination of their relationship after a short period of their marriage, special right for the existence of same-sex couple, and property division during divorce is a common issue in the family law in Nepal. 

In the case of property division during the time of divorce, every country has its own set of laws in place which will provide justice to both parties. In such a case, if one party is dissatisfied with the default rules in their country, they can hire a personal lawyer to draft a prenuptial agreement and ‘opt-out ‘of the case. In the cases of duress or fraud, the Nepal laws court will enforce the premarital agreements upon divorce and divide the property and financial support accordingly. 

Family Law in Nepal also deals with cases of physical and emotional abuse. Every day so many physical and emotional abuses are happening in Nepal, which is not limited to the relationship between spouses and their children. Physical and emotional abuse can be happening in a dating relationship, roommate or elderly family member or even without any relations. In such cases, the court of Nepal will not hesitate to assert jurisdiction to protect an elderly family member. If these types of abuse cases are made, the court will typically issue a restraining order to prevent further contact.  

In the cases of contested family, most people hire a skilled attorney to get an advantage that the attorney was requested to find the secret information or income of the opponent party, which can be beneficial to the other party. In such cases, the opposite party is trying to hide, present arguments regarding child support and visitation, or even take the case to trial if settlement talks fail. However, in the case of uncontested family law, hiring an attorney is regarded as crucial because, without hiring an attorney, a party will be vulnerable and can unknowingly waive significant legal rights. 

About the Parental Rights & Obligations

In Family Law in Nepal, the most common dispute issue is child custody in family court. In such cases, child parents are extremely concerned with the safety, education, and overall well-being of their children. In Nepal, the case of child custody and making final decisions about child custody has become even more difficult. If the parent is going to divorce and break up, at the moment the couple will distrust each other. In such a case, the judge will decide custody based on the interest of the child rather than the state of affairs between the parents. The court will make the best decision that is best for the child, the court will assign physical and legal custody to one parent or if both parent desire to share these rights, they can share. There will be a typical schedule for the child which will allow the child to spend weekends, summers, and alternating holidays with the non-custodial parent. Both parents have an equal right to make a major decision about something which directly related to the child or affects the child. To provide or approve the custody schedule, the court will decide what will be best for the child and his/her life in order to avoid unnecessary disruptions. 

All parent has an equal responsibility to provide financial support for their children even though the amount spent by each parent will be calculated according to state statute. Most of the country law published a child worksheet which will simplify the task. The spending amount will be calculated and taken it into account on the basis of parents’ income, health insurance cost, support paid for other children by the non-custodial parent, and many more. The cases of Custody and support orders are modified cases, where family law attorneys spend more time representing the client’s modification proceeds. If one party requests to alter a visitation schedule or revise the amount of child support, he/she should represent the circumstances that have changed since the order was entered such as; loss of employment, moving, a parent becoming disabled, and many more. 

Family Law in Nepal involves numerous issues that are concerning the family, among them, the common issue of litigation is to establish paternity which becomes less complicated due to DNA testing. Other many issues contain the termination of parental rights, gay and LGBT relations, adoption, grandparent's right, and many more. Family Law in Nepal is growing rapidly, making it more vital than ever to search for advice from a qualified attorney.  


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