Divorce in Nepal, Partition of Property/Child Custody in Nepal
Divorce is the legal dissolution of the marriage which is carried out by the court that leads to the separation of husband and wife. Divorce can be carried out at anytime given the willingness of both the husband and wife.
The issue of property right and custody of child occurs during and after the divorce. Hence, the following are the provisions relating to property rights during or after the divorce.
Which property has to be partitioned?
- Joint property in the name of both husband and wife or in the name of anyone.
What if the husband has not taken the partition of property from his father?
- If the husband has not taken the partition of property from his father, in that condition the court asks for the inventory of the property from both sides and will do partition of property.
- If it takes a long time for partition of property then in that condition, on the basis of the property and income of the husband, the wife will get the monthly expenses.
What if the wife is unwilling for the partition of the property?
- If the wife is willing to have the lump sum amount or annual or monthly amount instead of the property then the court shall decide on the basis of income of the husband.
What if the husband does not have any kind of property?
- If the husband doesn’t have any property but has an income then in that condition the court will ask the husband to pay expenses on the basis of his income.
- The income or partition of property is based on mutual written consensus. Provided that, it is inapplicable to the children.
In what conditions the husband is not liable for partition of property or partition of income or both?
- If the wife conducts remarriage then the husband is not liable for partition of property or partition of income or both.
Child Custody after Divorce
The following are the provisions for the child after the divorce:
Are the children able to get partition of property in case of divorce?
- Yes, the children have right to receive their part of share from the partition of property.
Are the children born after the divorce considered the child of such previous husband?
- Children born within 272 days of divorce are only considered as the child of that husband.
Who are responsible to take the responsibility of the children?
- It is the responsibility of both the parents to look after their children. But in case of divorce:
- Less than 5 years child- If a women has carried out or not another marriage if she wants to take responsibility
- Children more than 5 years- Except in the condition that the women has carried out another marriage, responsibility in the mother
- Except in these two conditions, the responsibility is in the father.
- If during the time of divorce, if they have made a written consent regarding child then as per that consent paper.
- If the child has attained the age of 10 years then as per the decision of the child.
- If one of the partners who take the responsibility dies then the other partner has to take the responsibility of the child. But, in case of child more than 5 years of age then the mother has done remarriage then she is not responsible.
If the consent paper is silent, then it shall be as follows:
- The responsibility lies in mother in case of a child less than 5 years.
- The responsibility lies in father in case of a child of age 5 years or more than that but not less than 10 years.
- The responsibility is as per the decision of the child if the age is more than 10 years.
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