Foreigners/Nepali Residing in Abroad Divorce Process in Nepal
(This article explains the process of Foreign Husband and Wife Mutual Consent Divorce in Nepal)
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.
Governing Laws for divorce in Nepal
- Muluki Civil Code, 2074
- Muluki Civil Procedure Rules, 2075
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.
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
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;
6. Forms of Divorce
Basically, as per Nepalese law, divorce is conducted in mainly two ways:
- Mutual consent divorce
- Unconsented divorce
Both Foreigners 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.
Mutual Consent Divorce between both parties being foreigners or Nepali Residing in Foreign
Required Documents
| S.N | Required 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 or wife 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 his/her residing 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:
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