Divorce filing Process from Abroad in Nepal

International divorce has been on the rise in recent circumstances. International divorce can arise due to different circumstances and involves the need to take advice from a specialist as to which country divorce should be considered. We talk about international divorce, for example, when the marriage takes place in a certain country, but when a person wants to divorce you live in a different country. Another example of an international divorce is where both or one spouse resides in a country of which they are not citizens.

In an international divorce, if a foreign citizen is of Nepalese origin or Nepalese, they need to analyze which country is best to divorce in (either Nepal or the place they are staying in). Non-resident Nepali Citizens (NRNs) living abroad can apply for divorce through an official will in Nepal. If someone is a temporary resident in the (say) United States of America or the United Kingdom and has obtained citizenship and permanent residency in the country then s/he can stay abroad and ask for a divorce in Nepal. If s/he simply goes to the Nepalese embassy and signs a power of attorney, they will be able to file for divorce.

Can a Nepali citizen in a foreign file a divorce?

If a Nepali citizen resides in any country in the world like the USA, Australia, UK, Japan, Dubai(UAE), Qatar, Canada, etc., s/he can apply for divorce in Nepal using a power of attorney.

Power of attorney (अधिकृत वारेसनामा)

A Nepalese citizen can grant authority to represent you or act on your behalf in Nepal to sell property you own or represent you in court in a specific way. The person who grants this power can ask the Embassy to certify it.

Where to request the preparation and receipt of a power of attorney (POA)?

If the person who wants to grant the power of attorney lives in Nepal, the power of attorney will be filed in the respective district. But if you are out of the country you can choose the right and trusted how is currently in Nepal and then prepare power of attorney with the help of a Lawyer. then sent to you then you can sign it by going to the Nepalese embassy.

Document required for applying for Power of Attorney

To issue the power of attorney to the applicant, the applicant will have to provide his photograph along with the photograph of the person to whom he intends to issue the power of attorney or the person who has chosen to represent him in the divorce proceedings in Nepal. Then, the person and the Power of Attorney recipient need to sign the application along with both people's fingerprints.

2 witnesses must also be present at the time of signing the Power of Attorney application. In addition to these, one will also need the following documents:

• Two original copies of power of attorney (drafted by a registered lawyer of Nepal and duly signed by him with full name and registration number, printed on Nepalese paper)
• Original copy of the application (drafted by a registered lawyer of Nepal and duly signed by him with full name and registration number, printed on Nepalese paper)
• Original and photocopy of the citizenship certificate.
• Original and copy of passport
• Two photographs of each applicant and lawyer were taken no earlier than within the last six months.
• Copy of the lawyer's citizenship certificate notarized by a Nepal notary.
• If it is mentioned that the witnesses show up at the Embassy, they have to physically go to the Embassy, however, if only the name of the witnesses is mentioned, they can sign the document without physical presence.

Can you file a divorce in Nepal when both of them are abroad?

If both the husband and wife reside in a foreign country and wish to file for divorce in Nepal, both of them must submit power of attorney. And they will inherit the people who can represent them in Nepal. Our lawyer can help to draft the power of attorney.

How to file for divorce in Nepal if one spouse resides in Nepal and the other resides in another country?

If one spouse is in Nepal and the other resides in a foreign country, the spouse residing in a foreign country must submit the power of attorney through the embassy. Next, s/he has to nominate the person who can represent in the divorce process in Nepal, while in Nepal the spouse must be present at all court hearings.

Can a person have a foreign passport or have an NRN ID card, can the Embassy attest the document?

NO. If a person is not a Nepalese citizen or was a Nepalese citizen but has now obtained a foreign passport, s/he cannot apply for certification, even if s/he still holds Nepalese citizenship/passport.

Does the person have to show up in person at the Embassy? Why?

Yes, the director has to come to the Embassy in person. The verifying officer must sign the document indicating that the signatory signed the document in front of him/her. This can only be guaranteed when the official sees the document signed by the competent person.

Is an appointment required? What happens if someone shows up without an appointment?

According to current legislation, only the head of the Embassy – Ambassador is authorized to sign the documents. If the signing official is busy with another job or is on vacation or away from the Embassy, he or she will not be able to sign the document. To guarantee availability it is necessary to make an appointment in advance.

If the certified PoA is lost, stolen, damaged or changes are needed, what can we do?

Whatever the reason, if need to make another copy of the PoA, a person will have to follow all the procedures as before and will also have to pay the fee. Therefore, the suggestion is to prepare the documents properly before submitting them to the Embassy and keep them in a safe place after certification.

Conclusion

In conclusion, this guide has outlined the process of international divorce for Nepali citizens residing abroad. Through the issuance of a power of attorney and assistance from the Embassy, individuals can initiate divorce proceedings in Nepal while living in foreign countries. Understanding the legal steps and document requirements is essential for a smooth and legally valid divorce process.