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Divorce & Separation Law in Biratnagar, as with the rest of Nepal, is predominantly governed by the national law, precisely the Nepalese Civil Code of 1854, also known as Muluki Ain. This law sets out comprehensive legal mechanisms for divorce and separation, including grounds, procedures, and consequences in terms of alimony and property distribution. Both partners in a marriage have the right to file for divorce, but there must be a valid rationale acknowledged under the law.
Engaging a lawyer when going through a divorce or separation is typically necessary to ensure fair representation and safeguard your interests. Matters of property allocation, alimony, child custody, and guardianship can turn intricate and critical. An experienced lawyer can guide you through the legal processes, provide expert advice, and ensure that your rights are upheld throughout the proceedings.
The Nepalese Civil Code acknowledges a variety of grounds for divorce, including infidelity, inability to bear a child within ten years of marriage, and desertion among others. If the spouse has been missing for over five years, the other one can file for divorce. Additionally, cruelty and incompetency are treated as valid grounds for divorce. In the aftermath of divorce, the Court deliberates on alimony, property distribution, and child custody keeping in mind equity, marital conduct and interest of the children.
In Biratnagar, as per Nepalese Civil Code, the divorce can be filed on several grounds including infidelity, sexual impotence, desertion, absence of a child within ten years of marriage among others.
The court determines child custody and guardianship based on the child's best interest. Both parents continue to have parental rights, with child custody typically shared unless circumstances indicate otherwise.
Property acquired during the marriage is considered joint property and is generally divided equally. However, the Court can alter this distribution taking into account the conduct of the spouses during the marriage among other factors.
Alimony is not mandatory but the court may order it based upon the financial standings and capacities of the separated couple.
While it is legally possible to file for a divorce without a lawyer, it's usually not recommended as issues surrounding divorce (finances, child custody, etc.) can be complex and emotionally charged. Having a lawyer provides legal assistance and fair representation.
The Supreme Court of Nepal and local district courts can provide guidance and legal information related to divorce and separation in Biratnagar. Other organizations such as the Legal Aid and Consultancy Centre (LACC) can provide additional resources and legal assistance.
If you require legal advice or assistance in a divorce or separation case, your first step should be consulting with a legitimate lawyer specializing in family law. Ensure you gather all the relevant documents and information relating to your marriage. Be prepared to discuss personal details in regards to your case, such as reasons for divorce and financial arrangements.
