Divorce in Nepal from Australia: A Guide for Nepali Couples

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 in Nepal. If someone is a temporary resident in Australia and has obtained permanent residency in the country then s/he can stay there and ask for a divorce in Nepal. If s/he simply goes to the Nepalese embassy and signs a power of attorney, they can file for divorce.

Divorce can be done through two forms:

• Divorce by Mutual Consent: This type of legal divorce occurs when both parties decide to dissolve their relationship civilly and happily. In this kind of divorce, the parties collaborate to get to a decision regarding several issues, such as property division, child custody, visitation rights, and financial support, if applicable.
• Divorce by Court Order: This type of legal procedure involves one spouse filing for divorce and the other filing a counterclaim or opposition. In contrast to a divorce by mutual consent, in which both parties consent to dissolve their marriage, a disputed divorce involves disagreements on one or more significant divorce-related issues.

You have to follow the processes set down by Nepalese law if you wish to obtain a divorce by court order or mutual consent while you are in Australia.

How one can file for Divorce in Australia?

If for any reason you are unable to appear in person for a divorce filing, you can choose a representative. This representative could be a dependable friend, relative, licensed attorney, or someone you completely trust.

Legally, you have to give this person a power of attorney so they can act on your behalf. The power of attorney will represent you in court, submit documents, and handle other procedural duties after being appointed.

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.

In Nepal, how can I create a power of attorney for divorce?

The procedures (Nepal’s National Civil Procedure Code Act, 2074 (मुलुकी देवानी कार्यविधि संहिता ऐन, २०७४) ) below must be followed to create a power of attorney for divorce in Nepal:

Draft a power of attorney agreement with the assistance of a Nepali lawyer who is registered. The document should prominently display the attorney's and representative's names, addresses, and identifying numbers, as well as the extent and time frame of their authority, signatures, and dates.

Put the agent's picture at the top of the paper and have a district court or notary public certify it.

What Role Does the Power of Attorney Play in the Divorce Process?

Anyone you trust who is a citizen of Nepal and lives in Nepal can be the power of attorney. A power of attorney must be made in the appropriate district if the individual wishing to grant it resides in Nepal. However, you must make a power of attorney through the proper Nepalese embassy in that nation if the person to whom you wish to grant it is a resident of another nation. The applicant will then receive the Power of Attorney from the Consul General/Acting Consul General/Mission Head.

If you wish to grant a power of attorney for a divorce in Nepal while you are residing abroad, you can get in touch with the Nepali embassy there to get your signature verified. Along with the power of attorney papers, you will also need to provide your passport, citizenship certificate, and two passport-sized photos.

The paperwork attesting to the person's authority to act on your behalf must be signed by the person to whom the power of attorney is being issued. The power of attorney then travels back to Nepal to act as your attorney.

The Power of Attorney may sign any legal document (including ones about a divorce) on your behalf at any time before or during the court proceedings.

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.

Property and Asset Distribution

The power of attorney will discuss and agree upon the division of properties and assets with the other party or his/her representative. The power of attorney can also allow the court to decide if an agreement cannot be reached.

Divorce Certificate

The divorce process comes to an end when the petitioner receives a Certificate of Divorce from the court upon the divorce being granted.

The advantages of divorcing in Nepal for a Nepali couple residing outside

• Divorce processes are typically less costly in Nepal than they are in Australia.
• For Nepali couples, according to Australian divorce laws and processes might be difficult and disadvantageous. Divorce in Nepal is a simpler process than it would be elsewhere.

In summary, the first step towards obtaining a divorce in Nepal from Australia is to get permission for a Power of Attorney to act on your behalf. The designated individual will complete the remaining tasks under your directions. For the numerous reasons listed above, it is more advantageous to get a divorce in Nepal than it is abroad.

FAQs

Does my divorce require me to travel to Nepal?

No, being present in person is not necessary. In Nepal, you can be represented by a Power of Attorney.

What are the differences in Nepal's divorce procedures between mutual consent and a court order?

Assign a Power of Attorney for the filing of the application and completion of the process with mutual consent. If you and your partner cannot agree, file for a divorce in Nepali court to get a divorce decreed.

In Nepal, how can I start the divorce procedure if I'm not there in person?

Assign a reliable person or attorney the authority to act on your behalf.

How Can an Australian Power of Attorney Be Assigned?

Select a reliable individual. To designate a Power of Attorney, go to the Nepalese Embassy located in Australia. To be represented in court, legal documents must be certified and signed.

Can Citizens of Australia Hold Power of Attorney?

No, Power of Attorney may only be granted to citizens of Nepal who currently reside in Nepal.

Where is the Nepalese Embassy Located in Australia?

The Embassy of Nepal is located at 22 Kareelah Vista, O'Malley ACT 2606, Canberra, Australia, and can be contacted by telephone at (02) 6286 8006 or by email at [email protected]

I want to sign this document at the Nepalese Embassy in Australia, but do I require an appointment?

You can't sign the document in person at the Nepalese Embassy in Australia. You must schedule an appointment in advance with the Nepalese Embassy in Australia.

Why is it better for Nepalese people to file for divorce in Nepal rather than Australia?

For Nepalese couples, it is preferable to file for divorce in Nepal rather than Australia because it is less costly, less complicated, and more advantageous. Read our another Article : Filing a Divorce Case: Nepal or Australia? Key Considerations for International Divorce

Is a divorce from Nepal legal in Australia?

Indeed, an Australian divorce from Nepal is lawful.

Would it be More Expensive for Me to Proceed with My Divorce in Nepal?

Yes, going to Nepal to finish the divorce process will be more expensive. You are responsible for paying the costs of your travel, lodging, legal representation, and court fees. Dealing with the legal formalities and processes will also require additional time and work from you. The best course of action is to assign a power of Attorney.

What qualifications must a witness have to sign the Power of Attorney form?

The Power of Attorney paperwork must be signed in the presence of two witnesses at minimum.

What happens to my children if we divorce in Nepal?

Child custody and support arrangements are determined during the divorce proceedings. Consider including a brief mention of needing a separate agreement or court order for child custody.

How long does the divorce process typically take in Nepal?

The timeframe can vary depending on factors like the workload of the court and the complexity of the case.