How to File for Divorce in Nepal from Dubai

Many Nepali have been choosing Dubai and other cities in the United Arab Emirates (UAE), as their destination to work and enhance their career. It is not uncommon for Nepali couples to get married in the United Arab Emirates, some of them even embrace full-on Nepali culture and traditions. However, not all marriages are happy and lasting. Some Nepali couples may face marital problems and decide to end their relationship. But how can they get a divorce in Nepal from Dubai?

Divorce is not an easy decision, and it can be a stressful and complicated process. But don't worry, we are here to help you. In this article, we will explain the steps, documents, and options for filing for divorce in Nepal from United Arab Emirates (UAE). We will also compare the divorce laws for Muslim and non-Muslim couples in United Arab Emirates (UAE), and how the new law allows non-Muslim couples to choose the law of their home country or the UAE law for divorce matters. This is important because the Sharia law, which applies to Muslim couples, is very different from the Nepalese law, which is more secular and gender-neutral.

The Governing Law for Divorce in Nepal

Divorce is the formal means of dissolving marital relations between husband and wife. Chapter 3 of the National Civil Code 2074(2014) is the main law that regulates divorce in Nepal. It replaced the previous law, the Muluki Ain 2020, which was based on Hindu law and customs. The new law is more secular and gender-neutral and provides for various grounds and conditions for divorce. If both husband and wife so desire, they may terminate their marital relationship through divorce at any time. Nepali citizens living in UAE can get a divorce in Nepal without being physically present by signing a Power of Attorney at the Embassy of Nepal - Abu Dhabi, UAE, and sending it to their representative in Nepal.

How to File for Divorce in Nepal from United Arab Emirates(UAE)

To file for divorce in Nepal from UAE, you need to follow these steps:

Step 1: Decide whether you want to divorce by mutual consent or by court order

The first step is to decide whether you and your spouse agree to divorce or not. This will determine the type of divorce you can pursue. There are two types of divorce in Nepal: divorce by mutual consent and divorce by court order.

1. Divorce by mutual consent: Divorce by mutual consent is the best option if you both want to end your marriage peacefully and amicably. It means that you both agree to divorce and submit a joint application to the district court, along with a settlement agreement on property division, alimony, and child custody. The court will review your application and issue a divorce certificate within two working days.
2. Divorce by court order: Divorce by court order is the only option if you don't agree to divorce or if your spouse refuses to cooperate. It means that you file a case against your spouse in the district court, on the grounds of adultery, desertion, cruelty, impotence, insanity, or incurable disease. The court will try to reconcile you first, but if that fails, it will decide your case based on the evidence and circumstances. The court will also decide the issues of property division, alimony, and child custody according to the law.

Step 2: Go to the Nepalese embassy and sign a power of attorney

The second step is to go to the Embassy of Nepal - Abu Dhabi, UAE, and sign a power of attorney. This is a legal document that allows someone else to act on your behalf in Nepal. You need this because you cannot file for divorce in Nepal personally while living outside Nepal. A power of attorney (POA) grants one or more individuals the authority to act as your designated representative or agent when you cannot be present. We can help to make you a power of attorney and send it to you.

Step 3: Send the power of attorney to your representative in Nepal

The third step is to send the power of attorney to your representative in Nepal. This can be a lawyer or a relative who can file for divorce on your behalf. Your representative will follow your choice of mutual consent or court order.

Your representative will need to submit the power of attorney along with other documents required by the district court, such as your citizenship certificate, marriage certificate, photos, etc. Your representative will also need to pay a court fee for filing the case.

Step 4: Wait for the court's decision and get your divorce certificate

The final step is to wait for the court's decision and get your divorce certificate. This may take different times depending on the type of divorce you choose.

If you opt for divorce by mutual consent, the court will issue a divorce certificate within two working days after receiving your joint application. This is the fastest and easiest way of getting divorced.

If you opt for divorce by court order, the court will issue a divorce certificate after hearing and deciding your case. This may take longer and involve more legal procedures.

The divorce certificate will be sent to your representative in Nepal, who can then send it to you or we can send it to your address. The divorce certificate will be valid and recognized in both Nepal and UAE. You can use it as proof of your marital status and remarry if you wish.

Conclusion

If you are a Nepali citizen residing in UAE and want to file for a divorce in Nepal, you can do so by signing a power of attorney at the Nepalese embassy. After signing the power of attorney, you can send it to your representative in Nepal and wait for the court’s decision. Divorce in Nepal may be pursued in two ways: Divorce with Mutual Consent and in the event of disagreement either of the disputed parties may file a lawsuit with the relevant district court. The Judge reviews the documents that are submitted and delivers the decision. Filing for divorce in Nepal can be less time-consuming, less problematic, and less expensive than doing so abroad.

Frequently Asked Question

Do I Need to Travel to Nepal for Divorce?

No, physical presence is not required. A Power of Attorney can represent you in Nepal.

How does the process of divorce differ between mutual consent and court order in Nepal?

For mutual consent, assign a Power of Attorney for application submission and process conclusion. In case of disagreement, file a divorce case in the court of Nepal for a court-ordered divorce.

How can I initiate the divorce process in Nepal without being physically present?

Assign a trustworthy individual or lawyer as a Power of Attorney to act on your behalf.

How to Assign Power of Attorney from UAE?

Choose a trusted person who is currently in Nepal.

Where is the Nepalese Embassy Located in UAE?

The Embassy of Nepal is located at Villa No.5, Plot No. 1, Sector 19_2, Al Aradah Street, Al Nahyan Area, Abu Dhabi, United Arab Emirates, and can be contacted by telephone at +971 2 634 4767, +971 2 634 4385 or by email at [email protected].

Do I need an appointment to sign the document at the Nepalese Embassy or Consulate in UAE?

Yes, you need an appointment to sign the document at the Nepalese Embassy. You can book an appointment online through the websites of the Embassy or the Consulate.

The divorce laws for non-Muslim couples in UAE are as follows

The divorce laws for non-Muslim couples in UAE are as follows:

• Non-Muslim expatriate residents can file for divorce in their home country (domicile) or apply for divorce in the UAE. If the parties wish to have the law of their home country applied, they may petition for this before the court.
• The law of the state of which the husband is a national at the time the marriage is contracted shall apply to the effects on personal status and the effects with regards to property resulting from contracting of the marriage.
• Whenever the law of the parties' home country fails to cover an aspect of the divorce procedure, the courts hold the discretion to apply the UAE law.
• A couple previously seeking a divorce in the UAE would have to do so under Sharia law, which is based on Islamic principles and traditions. However, the new law allows non-Muslim couples to choose the law of their home country or the UAE law for divorce matters.
• The new law also recognizes civil marriage contracts, which are not valid under Sharia law. This means that non-Muslim couples who have a civil marriage contract can get a divorce in the UAE without having to prove their marriage in their home country.

Is Nepali divorce valid in UAE?

Yes, Nepali divorce is valid in the UAE. The UAE courts recognize foreign divorce decrees if they are duly authenticated by the competent authorities. However, you may need to translate the divorce certificate into Arabic and get it attested by the Ministry of Foreign Affairs and International Cooperation of the UAE.

How long does it take to get a divorce in Nepal from UAE?

The duration of the divorce process in Nepal depends on the type of divorce and the complexity of the case. Generally, divorce by mutual consent takes less time than divorce by court order. Divorce by mutual consent can be completed within two days if there are no complications or disputes. However, if there are any issues regarding property, children, or alimony, it may take longer. Divorce by court order can take anywhere from six months to two years or more depending on the caseload of the court, the availability of evidence and witnesses, and the cooperation of both parties.

How much does it cost to get a divorce in Nepal?

The cost of the divorce process in Nepal from the UAE varies depending on the type of divorce and the fees involved. Generally, divorce by mutual consent is cheaper than divorce by court order. The main costs include the fee for the power of attorney, the fee for the embassy or consulate, the fee for the court, and the fee for the lawyer.