Divorce The unwritten chapter in today’s love stories

Sakun Bhandari is the founder and managing partner of Lawin & Partners, a rapidly growing law firm based in the Capital. As one of the leading criminal and divorce lawyers in the country, she is widely recognised for her expertise in litigation, advocating fiercely for both victims’ and defendants’ rights. Sakun has built a reputation for providing strong, strategic representation across a wide array of legal areas, including matrimonial, divorce, family, criminal, corporate, and commercial disputes. With a deep commitment to legal reform, she has contributed to various legal and regulatory projects, shaping the legal landscape in Nepal. Sakun also serves as a trusted advisor to multinational corporations, foreign investors, banks, financial institutions, and numerous commercial entities. In addition to her litigation work, she has completed certification programs in mediation and arbitration, actively serving as a mediator and arbitrator in both the Supreme Court and Kathmandu District Court. Her dedication to fair and effective dispute resolution has made her an influential figure in Nepal’s legal community.

For many, the image of a divorcee is one of failure—someone who couldn’t make their marriage work. But according to Sakun, this idea is outdated and harmful. While some view divorce as a personal defeat, others see it as a chance for liberation, especially financially independent women. “Life is not a box of chocolates,” Sakun says, quoting a popular sentiment among women who have the means to move on. For these women, divorce represents a fresh start—freedom from restrictive roles and toxic relationships. It’s not the end of happiness but the beginning of a new chapter. However, Sakun acknowledges that there is still a deeply ingrained stigma around divorce in Nepal, particularly in conservative circles. The societal pressure to remain in a marriage, even if it’s unhappy or unhealthy, can be overwhelming. For many women who rely financially on their husbands, the thought of divorce is terrifying. The emotional and financial stress is compounded by family pressure and the fear of reputation damage. Divorce may be seen as a shameful failure rather than a personal decision to live a healthier, more fulfilling life.

While perceptions of divorce are shifting, many practical misconceptions still persist. Some people wonder whether a divorce can be done online in Nepal or if foreigners can file for divorce in the country. Many also mistakenly believe that divorce is simply about signing a document, like in movies, and that the process is quick and straightforward. Sakun explains that this is far from the truth. While both men and women in Nepal have the right to file for divorce, the process can be complex. In some cases, a court may not grant a divorce if one spouse (often the wife) does not consent. This surprises many, especially when a husband files for divorce but the court denies it because the wife is unwilling. This scenario reflects the deeply rooted cultural norms that still govern marriage in Nepal, where the preservation of the family unit is often prioritised over individual happiness. Additionally, the misuse of divorce laws for financial gain is a growing concern. Some people file for divorce not out of genuine desire to end a relationship but to secure a share of their partner’s property or wealth. This has led to calls for reforms in the country’s divorce laws, particularly in how property is divided.

Sakun is a strong advocate for reforming Nepal’s divorce laws, which he believes are outdated and often lead to unjust outcomes. Currently, when a divorce is filed, both the husband’s and wife’s parental properties can become part of the dispute. Sakun argues that this should not be the case. Instead, divorce laws should focus on dividing the assets that the couple has jointly earned or invested in, not their families’ properties. Under his proposed reforms, both spouses would receive 50% of the property they have jointly acquired, and each would be entitled only to what they have personally invested or earned. This would prevent the manipulation of divorce laws for financial gain, reducing the risk of “fake” marriages where people marry solely for financial security. Sakun also believes that the legal recognition of “living together” relationships (de-jure and de-facto marriages) could help minimize the divorce rate. If cohabiting couples had legal rights and protections, it would provide clarity for relationships that do not follow the traditional marriage model, helping to reduce legal conflicts in the future.

One of the most significant changes in Nepal’s marital landscape is the growing empowerment of women. Today’s women are more educated, financially independent, and emotionally strong than ever before. They no longer feel the need to remain in unhealthy relationships out of financial dependence or societal obligation. For many women, marriage is no longer an institution they must endure at any cost. Instead, they view it as a partnership based on mutual respect, equality, and shared responsibility. “If a marriage is hindering a woman’s professional or personal growth, she is no longer willing to stay in it,” says Sakun. “Women are taking bold decisions, choosing to leave toxic relationships for a better, happier, and more peaceful life” she adds.  Financial independence has played a key role in this shift. Women today have the means to support themselves and their children, making it easier for them to walk away from marriages that no longer serve them. This has fundamentally changed the traditional definition of marriage, where women were once expected to rely on their husbands for financial support.

Social media has also played a role in shaping modern attitudes toward marriage and divorce. Platforms like Facebook, Instagram, and Twitter provide people with glimpses into the lives of others, often leading to unrealistic expectations about relationships. For some, this creates dissatisfaction and conflict within their own marriages. Bhandari points out that social media’s influence, combined with Nepal’s increasing exposure to Western values, has led to a gradual breakdown of traditional norms. People are prioritizing their own well-being, mental peace, and self-development over outdated societal expectations. Marriage, he suggests, is now viewed as a partnership contract—an agreement based on mutual respect and personal happiness, rather than an obligation to adhere to rigid family structures.

While divorce is still a difficult decision, it is no longer the taboo subject it once was in Nepal. With changing attitudes toward marriage, financial independence, and personal well-being, more people—especially women—are choosing to end toxic relationships in pursuit of a healthier, happier life. For Bhandari, divorce is not about failure; it’s about taking control of one’s future. “Divorce can be the decision to make your survival smoother, healthier, and more peaceful,” she says. As Nepal continues to evolve, Sakun believes that the country’s divorce laws must also adapt to reflect the changing roles of women and the new definition of marriage. Divorce is no longer an emotional war to be feared. Instead, it’s a step toward self-realisation and the freedom to live life on one’s own terms.

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