If both parties agrees on getting divorce is it possible to get divorce without going to the court?

If both parties agrees on getting divorce is it possible to get divorce without going to the court?

Answer(s)

Kokil Thapa Says:
5 years ago

No 

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Prime Legal consultants & Research Centre Pvt.Ltd. Says:
5 years ago

If both parties agree on divorce they must present in court. This process is Mutual Consent Divorce.  In this divorce through  the joint effort of both the wife and husband within two days the deed of divorce can be made in district court.

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Mylawyer Global Says:
1 month ago

1. Divorce completely outside the court

This is not possible.

According to the Muluki Civil Code 2017, a marriage is legally dissolved only after a District Court issues a divorce order.

Even if both husband and wife sign a private agreement, it has no legal effect as a divorce.

2. Divorce without personally appearing in court

This can be possible in certain cases through Power of Attorney (POA).

If one or both parties are abroad or unable to attend, they may:

Execute a Power of Attorney authorizing a trusted person or lawyer.

The POA must usually be certified by a Nepalese Embassy/Consulate (if executed abroad) or notarized according to law.

The authorized representative can:

File the divorce case

Submit documents

Represent the party in procedural matters

However, in some cases the court may still require personal verification (physically or sometimes virtually) to confirm that the consent is genuine.

βœ”οΈ Practical Summary

Outside court divorce: ❌ Not legally valid in Nepal

Without personally going to court: βœ… Possible through Power of Attorney, subject to court acceptance

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