Court Marriage Lawyer in Nepal; Foreigners Court Marriage in Nepal

Court Marriage in Nepal: Court Marriage Process in Nepal
Court Marriage in Nepal: Court Marriage Process in Nepal

Court Marriage Lawyer in Nepal: Foreigners Court Marriage Process in Nepal  

Legal meaning of marriage

  • Marriage is a permanent and specific relationship or bond between two individuals of opposite sex and based on mutual obligations and rights.
  • A contract between a man and a woman as spouse in a legal, consensual and contractual relation recognized and dissolvable only by law.

Legal age for marriage in Nepal

  • According to the National Civil Code, 2074, the legal age for marriage for both man and woman is 20 years.

Conditions required for court marriage in Nepal:

National Civil Code, 2074 provisioned the certain conditions for lawful marriage in Nepal:

  • If both the man and the woman have attained twenty years of age.
  • If the man and woman are not relatives punishable by law on incest.
  • If man and woman agree to accept each other as husband and wife.
  • If matrimonial relationship of both the man and the woman does not exist.
  • If matrimonial relationship of both the man and the woman does not exist.

Conditions where Court marriage is not possible to concluded:

As per Civil Code, 2074, there are certain conditions where marriage cannot be conducted by way of misrepresentation;

  • One who has contracted human immune deficiency virus (HIV) or Hepatitis ‘B’ or similar other incurable diseases.
  • One who has already been proved to have no sexual organ, to be impotent or to have no reproductive capability.
  • One who is dumb or has lost hearing capacity, being fully blind or is suffering from leprosy,
  • One who is of unsound mind.
  • One who is already married.
  • One who is pregnant.
  • One who has been convicted of a criminal offense involving moral turpitude by a court and sentenced for the same

How and where can marriage be conducted in Nepal?

In Nepal, basically in three (3) ways marriage can be conducted;

  1. Marriage through social customs and traditions

a. Marriage performed in a social and cultural aspect fulfilling all social norms and values.

  1. Marriage registration in court

a. Legal registration of marriage in the court in the presence of judge.

  1. Registration of marriage directly from ward office

a. Ward offices register marriage when the man and the woman appear in the office fulfilling all conditions to get married.

Court Marriage Lawyers in Kathmandu Nepal: Court Marriage Process in Nepal

What is court marriage?

  • Registration of marriage in the district court which is legally accepted and is binding to both the parties.

Documents required for court marriage between both Nepali citizens: Marriage Lawyers in Kathmandu 

  • Notarized copy of citizenship of both the man and the woman
  • Notarized copy of citizenship of the witness from each side of the man and the woman (One each)
  • Temporary residence document from the ward office (if either one or both the parties be the citizen of any other district other than the citizenship issuance district)
  • Unmarried/Single/ divorce recommendation letter of both the man and the woman from their concerned permanent address local wards office.
  • Passport size photo of both the man and the woman (4 copies each).
  • If the man or the woman were previously divorced with another person then, the copy of the divorce document is required.

Documents required for court marriage between one party being Nepali citizen and other party being foreigner

  • Notarized copy of citizenship or Passport and valid visa of both the man and the woman
  • Foreign National should arrive and stay at least 15 days in Nepal. (Arrival Stamp of 15 days)
  • Notarized copy of citizenship or the Passport copy of the witness from each side of the man and the woman (One each)
  • Temporary residence document from the residing ward office (if either one party be the citizen of any other district other than the citizenship issuance district and another party being the citizen of other country).
  • Unmarried/single/divorce status certificate or recommendation of both the man and the woman.
  • For Nepali citizen from his/her concerned permanent address local Ward.
  • No Objection Letter/ single status/ divorce status for foreigner from his/her respective civil registry/local authority in his/her home country or Embassy or Consulate General.
  • Original copy of Divorce certificate or evidences if divorced previously
  • Marriage Act of their concerned Country along with its English and Nepali translation notarization copy.
  • Passport size photo of both the man and the woman (4 copies each).

Foreigners Court marriage in Nepal

 Our Family lawyers in Kathmandu can help you for Court Marriage of both foreigners and required documents are:

  • Original Passport with Visa and its Notarized copy of Passport of both the parties.
  • Must arrived and stay for 15 days prior applying marriage in Nepal (Arrival Stamp evidence)
  • Temporary residence document from the residing local ward office of both the parties.
  • No Objection Letter/ single status/divorce status recommendation from their own home country’s civil registry or concerned Embassy or Consulate General in Nepal.
  • Original divorce certificate or evidence of divorce
  • Marriage Act of their concerned Country along with its English and Nepali translated notarization copy.
  • Two witness and their identity card photocopy’s notary
  • Passport size photo of both the parties (4 copies each).

Court Marriage Process in Nepal: Marriage Lawyers in Nepal

Court marriage process: Two days Court Process for marriage 

  • Marriage Registration in Court or Court Marriage procedure is same for every man and woman (for both Nepali citizens, for a Nepali citizen and a foreigner and both foreigners).
  • The National Civil Code, 2074, provisioned for Marriage by registration between the man and the woman in the District Court.
  • 2 days procedure to complete the court marriage

1st day– Both the man and the woman shall give mutual application in the district court mentioning their will to marry each other.

– The court provides the next date for final procedure of marriage.

2nd day– Both the man and the woman along with their witness should present in the court.

and if it seems to have followed complete procedure along with all necessary required documents, the judge will give approval for marriage.

Issuance of Marriage certificate by the court.

Note: Both the man and the woman should physically appear in the court along with their original citizenship/passport in the 2nd day of marriage procedure. Also, the witness should appear in the court with their original citizenship)

Record keeping of marriage in ward if one party is foreigner:

  • After the conclusion of marriage from the court, marriage should be registered in the local ward office.
  • Application is to be filed by both the husband or wife or either husband or wife for registering the marriage in ward office.
  • The marriage registering authority of the Ward shall issue the marriage registration certificate after registering the marriage in the marriage book maintained in the office.

Can ward office register marriage of Nepali girl with foreign citizen?

  • Yes, ward office registers the marriage of Nepali girl with foreign citizen.
  • For this, the wife should give an application in her local ward for the registration of marriage.
  • The marriage registering authority of the Ward shall issue the marriage registration certificate after registering the marriage in the marriage book maintained in the office.

Re-marriage provision in Nepal

National Civil Code, 2074 grants the man and the woman to remarry in the following conditions;

If the matrimonial relationship between husband and wife is terminated as below;

a. If marriage is dissolved/divorced according to law between husband and wife.

b. If the wife concludes another marriage before effecting divorce pursuant to law.

  • If husband or wife dies.
  • If husband and wife are separated upon partition of property in accordance with law.

Please contact us today itself if you are in search of marriage lawyer in Nepal on +9779841933745 or email info@lawinpartners.com

Disclaimer: All contains available here are for general information purposes. A proper legal solution always depends on your particular circumstances thus seek advice from an attorney who can provide assurances of the information contained herein and interpretation of it.  All liability with respect to actions taken on the basis of the site’s information is hereby expressly disclaimed.

Divorce Lawyer in Nepal: Unconsented Divorce Process

Divorce Lawyer in Nepal: Unconsented Divorce Process

In this article Divorce Lawyers highlight on unconsented divorce in Nepal and its process.

  1. Introduction:

Divorce is the legal termination/dissolution of marriage existing between husband and wife by a court or other competent body.  For legal validation, a divorce must be concluded only in the court.

  1. Governing Laws for divorce in Nepal
  • Muluki Civil Code, 2074
  • Muluki Civil Procedure Rules, 2075
  1. Who can file divorce case in Nepal
  • Only husband or wife can file for divorce in Nepal
  • If the husband or wife cannot be physically present in the court, the the assigned Power of Attorney (POA) who can act on behalf of them may file for divorce.
  1. Where can husband or wife file for divorce

The husband or wife who wants to file for divorce have to follow the legal jurisdiction as to where to file for divorce or what would be the authority for divorce filing;

  • District Court of Husband or Wife of their permanent address.
  • District Court of temporary address of husband or wife (here, temporary residence recommendation document of temporary residing ward is needed)
  • In case of property with divorce case, in the District Court where the property is locate
  1. Legal grounds for divorce

 In context of Nepal, spouses or married couple need to provide some grounds or reasons for divorce in their petition while filing for divorce. Basically, as per new National Civil Code of Nepal, 2074, there are certain conditions for both husband and wife to file divorce petition in the court;

Divorce Lawyer in Nepal
Divorce Lawyer in Nepal

6. Forms of Divorce

Basically, as per Nepalese law, divorce is conducted in mainly two ways:

  1. Mutual consent divorce
  2. Unconsented divorce

1.Mutual Consent Divorce

  • Dissolution of marriage between husband and wife at any time from their mutual understanding (concluded only in court) that the marriage has broken down and they are willing to separate by mutual agreement.
  • In this type of marriage both the husband and wife have understanding on various aspects such as division of property, alimony, child custody and others and they act accordingly upon reaching the agreement.

2. Meaning of unconsent Divorce

Divorce concluded from court’s final verdict. When the husband or wife file for a divorce in the court not having mutual agreement, in this phase the court grants the divorce after examining the overall documents, evidence presented by the parties, arguments by the lawyers and so on. Unconsent divorce process is long, might take a whole year or more for final verdict.

2.1. Required documents for filing unconsented divorce in court

As this process takes long time and the parties to be secured of themselves provide the concrete evidence, or say documents or other related materials required in the overall procedure of the case. Mandatory documents required are;

S.NRequired Documents
1.Citizenship or passport copy of both husband and wife, Citizenship copy of the assigned POA
2.Marriage registration certificate (if not then, marriage photos will work)
3.Child birth certificate (if having any child)
4.Temporary residence document from the ward office (if Nepali citizen be the resident of any other district other than the citizenship issuance district)
5.If the Nepali husband or wife living in foreign, then, Authorized Power of Attorney (POA)(”Adhikrit wareshnama”) authorized by the Nepalese Embassy in Foreign country.
6.In case of foreign citizen, POA to be notarized by Notary Lawyer and verified accordingly.
7.passport size photos of both husband and wife, also of the assigned POA (2 copies each)
8.Other relevant evidences and documents

2.2.  Divorce process

In this type of divorce, only one party either husband or wife becomes ready for divorce. The other party does not agree or does not want the divorce to happen. If so happened, then the court make decisions on the property division before divorce, child custody as to whom the child shall remain, child support and other issues. As there is disagreement of one party, the trial proceeding will be long and time consuming. For the unconsented divorce, the process for filing till the verdict, the overall procedure is discussed below.

Step 1:        Preparation of petition mentioning the grounds for divorce either by husband or wife who wants to file for divorce

Step 2:        Filing of petition in the concerned district court either by husband or wife along with the evidences that supports the petitioner.

Step 3:        Registration of the petition by the court after examining all the details, evidences and jurisdiction if reached or not.

Step 4:        Notice of petition filed to be given to the other party.

Step 5:        Another party then appears in the court with his/her written statement or reply along with the available evidence within 21 days after he/she receives the notice of case filed.

Step 6:        Then, the trial procedure begins in the court.

Step 7:        Court gives order for witness examination or evidence submission.

Step 8:        The court orders the parties to be sent for mediation in order to reconcile between them providing time period of 1 month.

Step 9:        Each party choose the mediator of their own. Among the chosen 2 mediators, the court appoints 1 mediator through lottery process.

Step 10:      if not reconciled within 1 months’ time period, then extra 1 month shall be provided by court order if the parties will to reconcile

Step 11:      If both the parties are unable to reconcile from the mediation process, then other court proceeding begins.

Step 12:      Other order to be passed by the court in different phase of trial proceeding

Step 13:      Final decision

2.3. In case divorced is filed by wife demanding property share from husband

  • In this situation, if it has not been mentioned in the petition the name of the co-parceners for property division, then the court asks the details of the co-parceners of the family with the opponent party along with the details of the property.
  • If the opponent party submits the details of the property and whether the partition of the property has been done or not, the court then proceeds for the partition of property to be done.
  • The wife is entitled to get the share of property from one part of the property share of her husband.

2.4. How does the wife get the property share from her husband at the time of divorce

  • The wife gets her portion of property share from her husband’s share.
  • If the partition is done between the co-parceners of her husband family, then if the husband has got his portion of share property, then, at the time the wife files for divorce, the wife gets her portion of share from her husband’s share legally.
  • And if her husband has not got his portion of property share or if the partition is not done among the co-parceners of her husband family, then firstly the partition is done having equal share to all the co-parcner and after the husband gets his share, then it is divided equally with his wife.

2.5. Property rights of the minor after the divorce of his/her parents

Even after the divorce of parents, the property rights of the minor remain under the guardianship of his/her parents. Although, the custody of the minor remains under the mother, but the legal rights along with other property rights shall remain under the care of his/her father. When the child becomes competent, then the child can ask for his/her portion of property share from his father. The father would be bound to give his/her portion of share property.

2.6. Child custody provisions in case of divorce between parents

Normally, after the divorce the child basically remains under the custody of the mother. However, in certain conditions, the custody of the child is given to father also, as;

S.NCircumstancesWho can take custody
1.In the case of a minor who has not attained five years of age, and the mother if so, desires irrespective of whether or not she has concluded another marriage 

 

  • Mother
2.In the case of a minor above five years of age, except where the mother has concluded another marriage
  • Mother

 

3.In other circumstances other than mentioned above
  • Father
4.If the minor is above ten years of age
  • Shall obtain the opinion of the child

 

Note: If the husband and wife have made separate agreement about the custody of the child at the time of divorce, then it shall be according to the conditions mentioned in the agreement. If both husband and wife comes to consent than either husband or wife can take custody of child. 

2.7. Alimony/spousal support/maintenance cost for child and the wife from husband

  • Until the divorce case continues in the court, husband need to provide monthly expenses as per the income till final decision of the court.
  • The court after determining certain factors of both the husband and wife, orders for providing maintenance cost to his wife.

Factors include:

  1. Financial conditions of both spouses
  2. Capability to look after the child
  • Health condition of both of them
  1. Earning capacity
  2. Standard of living
  3. Contribution during marriage and many more
  • Wife if desires lump sum of amount as annual/monthly expenses instead of husband’s property portion court may order accordingly.
  • If husband do not have any property but has monthly income, court order to provide maintenance cost to wife as per the income of divorced husband.

 

Please contact us today itself if you are in search of lawyers for guardianship process in Nepal on +9779841933745 or email info@lawinpartners.com

Disclaimer: All contains available here are for general information purposes. A proper legal solution always depends on your particular circumstances thus seek advice from an attorney who can provide assurances of the information contained herein and interpretation of it.  All liability with respect to actions taken on the basis of the site’s information is hereby expressly disclaimed.

 

 

 

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Divorce Lawyer in Nepal: Mutual Consent Divorce Process

Divorce Lawyer in Nepal: Mutual Consent Divorce Process

(This article explains the process of Husband and Wife Mutual Consent Divorce in Nepal)

  1. Introduction:

In another word, divorce means legal termination and the dissolution of marriage between legally married spouse through court. For legal validation, a divorce must be concluded only in the court.

  1. Governing Laws for divorce in Nepal
  • Muluki Civil Code, 2074
  • Muluki Civil Procedure Rules, 2075
  1. Who can file divorce case in Nepal
  • Only husband or wife can file for divorce in Nepal
  • If the husband or wife cannot be physically present in the court, the the assigned Power of Attorney (POA) who can act on behalf of them may file for divorce.
  1. Where can husband or wife file for divorce

The husband or wife who wants to file for divorce have to follow the legal jurisdiction as to where to file for divorce or what would be the authority for divorce filing;

  • District Court of Husband or Wife of their permanent address.
  • District Court of temporary address of husband or wife (here, temporary residence recommendation document of temporary residing ward is needed)
  • In case of property with divorce case, in the District Court where the property is located
  1. Legal grounds for divorce

In context of Nepal, spouses or married couple need to provide some grounds or reasons for divorce in their petition while filing for divorce. Basically, as per new National Civil Code of Nepal, 2074, there are certain conditions for both husband and wife to file divorce petition in the court;

Divorce Lawyer in Nepal
Divorce Lawyer in Nepal

6. Forms of Divorce

Basically, as per Nepalese law, divorce is conducted in mainly two ways:

  1. Mutual consent divorce
  2. Unconsented divorce
  3. Mutual Consent Divorce

1.1. Meaning of Mutual Consent Divorce

  • Dissolution of marriage between husband and wife at any time from their mutual understanding (concluded only in court) that the marriage has broken down and they are willing to separate by mutual agreement.
  • In this type of marriage both the husband and wife have understanding on various aspects such as division of property, alimony, child custody and others and they act accordingly upon reaching the agreement.

A.  Mutual Consent Divorce between both the Nepali citizens present in Nepal itself:

  1. Required Documents:
 S.NRequired Documents for Mutual (Understanding of Husband and Wife) Consent Divorce
1.Citizenship of both husband and wife
 2.Marriage registration certificate (if not then, marriage photos will work)
3.Child birth certificate (if having any child)
4.Passport size photos (2 copies each)
5.Temporary residence document from the ward office (if either one or both the parties be the citizen of any other district other than the citizenship issuance district)

2. Process of mutual consent divorce between both Nepali Citizens physically present in Nepal:

Divorce Lawyer in Nepal
Divorce Lawyer in Nepal

B. Mutual Consent divorce in case of one party being Nepali citizen and other being foreigner

  1. Required Documents
S.N Required Documents for Mutual Consent Divorce
1.Citizenship copy of the Nepali citizen and passport copy of the foreigner.
2.Marriage registration certificate (if not then, marriage photos will work)
3.Child birth certificate (if having any child)
 4.Passport size photos (2 copies each) of both husband and wife and of the assigned POA too.
 

5.

Temporary residence document from the ward office (if Nepali citizen be the resident of any other district other than the citizenship issuance district)
6.If foreigner is in Nepal at the time of divorce, then, must appear in the court otherwise, Authorized Power of Attorney (POA)(”Adhikrit wareshnama”) is required that must be notarized by the Notary lawyer in the foreign country.

C. Process of mutual consent divorce between one party being Nepali citizen and other being foreigner:

  1. Required Documents:
    S.NRequired Documents for Mutual Consent Divorce
     1.Citizenship copy of the Nepali citizen and passport copy of the foreigner.
    2.Marriage registration certificate (if not then, marriage photos will work)
    3.Child birth certificate (if having any child)
    4.Passport size photos (2 copies each) of both husband and wife and of the assigned POA too.
    5.Temporary residence document from the ward office (if Nepali citizen be the resident of any other district other than the citizenship issuance district)
    6.If foreigner is in Nepal at the time of divorce, then, must appear in the court otherwise, Authorized Power of Attorney (POA)(”Adhikrit wareshnama”) is required that must be notarized by the Notary lawyer in the foreign country.

    2. Process of divorce

Process of Divorce (Mutual Consent)
–      2 days Procedure

1st day:

Step 1:        preparation of petition by one party who wants to file for divorce      

Step 2:        filing of the divorce petition in the concerned court mentioning the grounds for divorce.

(if the foreigner wants to file for divorce, the the assigned POA shall file for divorce on his/her behalf)

Step 3:        After the court examines all the documents and the petition and if it finds it under jurisdiction and fullfillment of all the required documents, registers the petition and provides the next day’s date for the final process of divorce.

2nd day:

Step 4:        preparation of respondant’s reply by another party (referred as “pratiuttar”) and other mutual application as well mutual consent document(“milapatra”) by both the parties.

Step 5:        physical presence of one party (Nepali citizen) and other assigned POA along with their original Identity card, citizenship) in the court.

Step 6:        other party shall give the reply of the petition as well both the parties shall submit mutual application and mutual consent document stating their consent for divorce.

Step 7:        And after the complete inquiry of the document by the court and after having registered such document, the file is taken before the Judge

Step 8:        If it seems to have followed the complete procedure along with other necessary required documents and if the Judge finds it appropriate than the divorce is concluded between husband and wife.

Step 9:       Issuance of divorce certificate.

D. Mutual Consent Divorce between both parties being foreigners

  1. Required Documents
S.NRequired Documents
1.Passport copies of both husband and wife
2.Marriage registration certificate (if not then, marriage photos will work)
3.Child birth certificate (if having any child)
4. If both the foreigners, husband and wife be in Nepal at the time of divorce, then, must appear in the court otherwise, Authorized Power of Attorney (POA)(”Adhikrit wareshnama”) is required that must be notarized by the Notary lawyer in the foreign country.
5.Passport size photos of both husband and wife, and of both the assigned POA in Nepal (2 copies each)
5.If available other evidences, then those evidences.

2. Process of mutual consent divorce between both parties being foreigners:

Divorce Process in Nepal
Divorce Process in Nepal

E. Mutual Consent divorce between both parties being Nepali citizen living in foreign

  1. Required Documents
S.NRequired Documents
1.Authorized Power of Attorney (POA)(”Adhikrit wareshnama”) authorized by the Nepalese Embassy in Foreign parties residing country.
2.Citizenship copy of both husband and wife
3.Marriage registration certificate (if not then, marriage photos will work)
4.Child birth certificate (if having any child)
5.Citizenship copy of both the assigned POA who is to represent on behalf of the husband and wife living in foreign
6.If available other evidences, then those evidences.
7.Passport size photos of the both husband and wife and of both the assigned attornies (2 copies each)

2. Process of mutual consent divorce between both parties being Nepali citizen living in foreign:

Process of Mutual consent divorce
Process of Mutual consent divorce

Please contact us today itself if you are in search of lawyers for guardianship process in Nepal on +9779841933745 or email info@lawinpartners.com

Disclaimer: All contains available here are for general information purposes. A proper legal solution always depends on your particular circumstances thus seek advice from an attorney who can provide assurances of the information contained herein and interpretation of it.  All liability with respect to actions taken on the basis of the site’s information is hereby expressly disclaimed.

Lawin and Partners- Law Firm and Lawyers in Nepal

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