If you are a Nepali citizen living in New Zealand and need to file for divorce in Nepal, you do not have to travel back. The National Civil Code, 2074 allows NRNs to file for divorce through an Authorized Power of Attorney (Adhikrit Waresnama). However, filing from New Zealand involves a unique step that NRNs in most other countries do not face: Nepal does not have a full embassy in New Zealand. The country has only Honorary Consulates, which typically cannot attest Power of Attorney documents. This means Nepali citizens in New Zealand must use the Embassy of Nepal in Canberra, Australia for POA attestation.
Whether you are seeking a mutual consent divorce or a contested divorce by court order, this guide covers the complete process including how to get your POA attested from New Zealand, the document checklist, costs, timelines, and alternative options. Our experienced divorce lawyer in Nepal can prepare your Power of Attorney and handle the entire court process on your behalf.
Under the National Civil Code, 2074, there are two ways to obtain a divorce in Nepal:
Mutual Consent Divorce: Both spouses agree to end the marriage and settle all matters including property division, child custody, and maintenance. The court grants the divorce typically within 2 to 3 working days once both parties (or their POA representatives) appear before the court. This is the fastest and most cost-effective option.
Contested Divorce (Court Order): One spouse files a divorce petition on legal grounds specified in the Civil Code. The divorce process involves court hearings, evidence examination, and mediation attempts. This typically takes 12 to 14 months or longer.
Unlike countries such as Australia, the United States, Canada, or the United Kingdom, Nepal does not maintain a full embassy in New Zealand. Instead, Nepal has Honorary Consulates in Auckland that provide limited consular services such as visa processing and general assistance.
However, POA attestation requires the personal signature and witnessing of the Head of Mission (Ambassador), which is a function that Honorary Consuls typically cannot perform. This means Nepali citizens in New Zealand have the following options for getting their divorce POA attested:
| Option | Details | Practical Considerations |
|---|---|---|
| Option 1: Embassy of Nepal in Canberra, Australia (Recommended) | Travel to Australia and get POA attested at the Nepal Embassy in Canberra | Closest full embassy. Direct flights from Auckland/Wellington to Australian cities. Combine with the POA process at the Canberra embassy |
| Option 2: Contact the Honorary Consulate in Auckland | Inquire whether the Auckland Honorary Consulate has been granted authority to attest POA documents | Honorary Consulates have limited powers — most cannot attest POA. Always confirm before relying on this option |
| Option 3: Travel to Nepal in person | Travel to Nepal and file the divorce directly at the District Court | Eliminates the POA requirement entirely. Consider if you have other reasons to visit Nepal |
For most Nepali citizens in New Zealand, the most practical route is to get the POA attested at the Embassy of Nepal in Canberra, Australia. The full process for this embassy is detailed in our divorce in Nepal from Australia guide. Here is the step-by-step process adapted for NZ-based applicants:
A Nepali advocate (lawyer) registered under prevailing Nepali law must prepare the POA document on Nepali legal-size paper in two original copies. The document must include the lawyer's name and license number, specific authorization for divorce proceedings, the names, addresses, and signatures of two witnesses, and recent photographs of both the POA giver and receiver. The authorization must cover filing the divorce petition, attending court hearings, submitting evidence, participating in mediation, signing legal documents, and executing the court's final decision.
The lawyer in Nepal sends the prepared POA documents to you in New Zealand by international courier. You will need these originals to take to the embassy in Canberra.
You must personally appear at the Embassy of Nepal in Canberra to sign the POA document in the presence of the Head of Mission (Ambassador). Schedule an appointment before traveling — the embassy requires advance booking for POA attestation, and the Ambassador must be available.
The following documents are required for divorce POA attestation at the Nepal Embassy in Canberra:
| # | Document | Notes |
|---|---|---|
| 1 | Power of Attorney document | 2 original copies prepared on Nepali paper by a registered Nepali lawyer |
| 2 | Nepali citizenship certificate of the POA giver | Original and copy |
| 3 | Nepali citizenship certificate of the POA receiver | Copy (the person in Nepal who will represent you) |
| 4 | Nepali passport of the POA giver | Original and copy |
| 5 | New Zealand visa / residence status proof | Copy of NZ work visa, residence visa, student visa, or NZ permanent residency documentation |
| 6 | Marriage registration certificate | Original or notarized copy — required for divorce POA |
| 7 | Passport-sized photographs | 2 recent photographs of the POA giver |
The embassy charges a fee for POA attestation. The fee at the Canberra embassy is typically AUD $50 for divorce POA. Confirm the current fee and accepted payment method when scheduling your appointment. See the full Australia filing guide for detailed Canberra embassy information.
Once attested in Canberra, send the original POA document to Nepal by tracked international courier. You can post from Australia before returning to New Zealand, or bring it back to NZ and send from there. Australia Post International Express or DHL from Australia are reliable options. From New Zealand, NZ Post CourierPost International or DHL can be used.
Your POA representative files the divorce petition, attends court hearings, participates in mediation, negotiates property division and child custody arrangements, and signs all legal documents on your behalf. Once the court grants the divorce, a Certificate of Divorce is issued.
Need help filing divorce in Nepal from New Zealand? Our divorce lawyers prepare your Power of Attorney, coordinate with the Canberra embassy process, handle court proceedings, and complete the process. Book a consultation or call +977 9841114443. We are also available on WhatsApp and Viber.
If both husband and wife are in New Zealand and agree to divorce by mutual consent, both must separately appoint their own POA representatives. Both spouses would need to travel to the Canberra embassy (or coordinate separately if one is in Australia or Nepal). Each spouse signs their respective POA documents in the presence of the Ambassador and sends them to Nepal. The two POA representatives then appear before the District Court together to complete the mutual consent divorce process. For the detailed general process, see our guide on filing divorce from abroad in Nepal.
If your spouse does not agree to divorce, you can still file a contested divorce from New Zealand through your POA representative. The representative files the petition in the District Court based on the legal grounds specified in the Civil Code (such as living separately for 3+ years, cruelty, adultery, or bigamy). The court process involves notice to the defendant, mediation attempts, evidence examination, and a final decision. This process typically takes 12 to 14 months.
| Representation | Details | POA Attestation Available? |
|---|---|---|
| Honorary Consulate of Nepal — Auckland (Epsom) | Level 1, 123 Manukau Road, Epsom, Auckland 1023. Honorary Consul: Mr. Dinesh Khadka (appointed July 2022). Covers Auckland, Waikato, and Northland region | Typically No — Honorary Consuls usually cannot attest POA. Confirm directly before relying on this |
| Honorary Consulate of Nepal — New Zealand (general) | PO Box 14685, Panmure 1741, Auckland. Honorary Consul: Mr. Atma Ram Khanal (appointed December 2020) | Typically No — same limitation as above |
| Embassy of Nepal — Canberra, Australia (nearest full embassy) | Suite 2.02, 24 Marcus Clarke Street, Canberra ACT 2601, Australia. Phone: +61 2 6162 7735. Website: au.nepalembassy.gov.np | Yes — full embassy with Ambassador who can attest POA documents |
Important tip: Before making travel plans to Canberra, first contact the Auckland Honorary Consulate to inquire whether they have been granted authority to attest POA documents. Consular authority can change, and it is possible that specific arrangements may have been made for NZ-based Nepali citizens. If the Honorary Consulate confirms they can attest POA, this would save you the trip to Australia.
Effective April 2023, Nepali embassies worldwide have suspended POA attestation services for foreign nationals of Nepali origin, including NRN card holders. This is in accordance with Section 153(3) of the National Civil Procedure Code, 2074 and a government circular. If you have acquired New Zealand citizenship and renounced Nepali citizenship, you cannot get a POA attested at any Nepali embassy — even if you hold an NRN card. You must travel to Nepal in person to file for divorce.
Under Article 706 of the National Civil Code, 2074, a divorce obtained in New Zealand between Nepali citizens or between a Nepali citizen and a New Zealand national may be recognized in Nepal — provided it was granted in accordance with New Zealand law. However, recognition is not automatic. You must file an application for recognition of foreign divorce in Nepal before a District Court, submit the NZ divorce order with proper authentication, and register the divorce at the local ward office.
Important: Under New Zealand's Family Proceedings Act 1980, couples must have been living apart for at least 2 years before a dissolution (divorce) can be granted. There is no such separation requirement for mutual consent divorce in Nepal. Property located in Nepal is governed by Nepali law under Article 707 regardless of any NZ court order.
Yes. New Zealand generally recognizes overseas divorces that were obtained through proper legal proceedings in a court of competent jurisdiction. A Nepali divorce decree from a District Court is considered valid in New Zealand, provided both parties had proper notice and the opportunity to participate in the proceedings. To use the Nepali divorce decree in New Zealand, have it notarized by the Rastriya Kitabkhana and authenticated by the Ministry of Foreign Affairs of Nepal. You may also need to provide a certified English translation if any part of the decree is in Nepali.
| Cost Element | Divorce in Nepal (via POA from NZ) | Divorce in New Zealand |
|---|---|---|
| POA attestation fee | ~AUD $50 (at Canberra embassy) | N/A |
| Travel to Canberra (from NZ) | NZD 300–800 (return flights) | N/A |
| Lawyer fee (Nepal) | NPR 30,000–80,000 (mutual) / NPR 50,000–150,000 (contested) | N/A |
| Court filing fee (Nepal) | Nominal (NPR 500–1,500) | NZD 211.50 (Family Court application) |
| NZ lawyer fees | N/A | NZD 1,500–5,000+ (if using a lawyer) |
| Timeline (mutual consent) | 2–3 working days (court proceedings) | 4–6 months (after mandatory 2-year separation period) |
| Timeline (contested) | 12–14 months | Not applicable — NZ uses "no fault" dissolution after 2-year separation |
Key difference: New Zealand requires a mandatory 2-year separation period before a dissolution (divorce) can be granted — one of the longest mandatory separation periods in the world. Nepal has no separation period requirement for mutual consent divorce, making it possible to complete the entire process in 2–3 working days. Even with the added cost of travel to Canberra, filing in Nepal is often faster and more cost-effective.
Under Nepali law, property partition must be addressed before or during divorce proceedings. If the divorce is caused by the husband's fault, the wife is entitled to an equal partition share of property. Your POA representative negotiates and agrees upon property division on your behalf during court proceedings.
Important: Property and assets in New Zealand — including KiwiSaver accounts, jointly owned homes, and other relationship property — are governed by New Zealand's Property (Relationships) Act 1976. A Nepali court cannot directly enforce orders over NZ-based assets. If both spouses have significant assets in New Zealand, separate relationship property proceedings in the NZ Family Court may be necessary.
If the divorcing couple has children, child custody arrangements are decided during the divorce proceedings. Under Nepali law, minor children are generally placed with the mother, and the father is required to contribute to child support. If the children reside in New Zealand, enforcement of Nepali custody orders may require separate legal steps under New Zealand's Care of Children Act 2004. New Zealand is a party to the Hague Convention on the Civil Aspects of International Child Abduction, which is relevant if cross-border custody disputes arise.
| Stage | Mutual Consent | Contested |
|---|---|---|
| POA drafting by lawyer in Nepal | 3–7 days | 3–7 days |
| POA documents sent to NZ | 1–2 weeks | 1–2 weeks |
| Travel to Canberra + embassy attestation | 1–2 weeks (including scheduling) | 1–2 weeks |
| Sending attested POA to Nepal | 1–2 weeks | 1–2 weeks |
| Court proceedings in Nepal | 2–3 working days | 12–14 months |
| Total estimated time | 5–8 weeks | 14–16 months |
Note: The NZ process takes longer than most other countries due to the additional step of traveling to Canberra for embassy attestation. However, it is still significantly faster than the 2-year mandatory separation required for NZ divorce. Plan your Canberra trip to coincide with other travel or schedule it during a work break.
Many Nepali citizens in New Zealand choose to file for divorce in Nepal for practical reasons. New Zealand requires a 2-year mandatory separation period before granting a dissolution — Nepal has no such requirement for mutual consent divorce. Nepal's mutual consent divorce takes only 2–3 working days once the POA is filed. The total cost (including Canberra travel) is often comparable to or less than NZ lawyer fees. The process is governed by Nepali family law familiar to both spouses. Property located in Nepal is directly addressed during proceedings. Filing through POA eliminates the need for both parties to physically attend court.
New Zealand has a growing Nepali community, with significant populations in Auckland, Wellington, Christchurch, and Hamilton. Some practical considerations include:
Planning the Canberra trip: Direct flights from Auckland to Canberra are available, though many routes connect through Sydney or Melbourne. Budget airlines (Jetstar, Air New Zealand) offer competitive fares. Book your embassy appointment before booking flights — ensure the Ambassador is available on your travel date. A one-night stay in Canberra is typically sufficient if your appointment is confirmed.
Check with the Auckland Honorary Consulate first: Before committing to the Canberra trip, contact the Honorary Consulate of Nepal in Auckland (Mr. Dinesh Khadka, Level 1, 123 Manukau Road, Epsom) to inquire about POA attestation services. If the consulate has been authorized to attest POA documents, this saves the trip entirely.
KiwiSaver and NZ relationship property: If both spouses have KiwiSaver accounts or own property in New Zealand, these assets are governed by NZ law (Property (Relationships) Act 1976) and cannot be divided through Nepali court proceedings. You may need separate legal advice in New Zealand for these assets.
Communication with your lawyer: Nepal is 6 hours and 45 minutes behind New Zealand during NZST (Nepal is UTC+5:45, NZ is UTC+12 standard / UTC+13 during daylight saving). Our firm is available on WhatsApp and Viber for communication across time zones.
Sending documents: NZ Post CourierPost International is the most accessible courier service, available at any NZ PostShop. DHL and FedEx offices are available in major cities. From Canberra, Australia Post Express is reliable. Typical delivery time to Nepal is 5–10 business days.
Filing for divorce in Nepal from New Zealand requires an additional step compared to most other countries: since Nepal has only Honorary Consulates in New Zealand (not a full embassy), Nepali citizens typically need to travel to the Embassy of Nepal in Canberra, Australia for POA attestation. Despite this extra step, the process is still faster and often cheaper than New Zealand's divorce system, which mandates a 2-year separation period. Once your representative in Nepal has the attested POA, they can handle the entire court process — from filing the petition to obtaining the divorce certificate.
For professional assistance with your divorce case, our divorce lawyer service specializes in helping NRNs in New Zealand and Australia navigate the Nepal divorce process efficiently.
Yes. Nepali citizens in New Zealand can file for divorce in Nepal through an Authorized Power of Attorney. However, since Nepal has no full embassy in New Zealand (only Honorary Consulates), you typically need to get the POA attested at the Embassy of Nepal in Canberra, Australia.
Nepal does not have a full embassy in New Zealand — only Honorary Consulates in Auckland. POA attestation requires the Ambassador's personal witnessing, which Honorary Consuls typically cannot perform. The nearest full Nepal embassy is in Canberra, Australia. Always check with the Auckland Honorary Consulate first to confirm whether they have been granted POA attestation authority.
No. Nepal does not have a full embassy in New Zealand. Nepal maintains Honorary Consulates in Auckland: one at Level 1, 123 Manukau Road, Epsom (Honorary Consul: Mr. Dinesh Khadka) and another (Honorary Consul: Mr. Atma Ram Khanal). Honorary Consulates provide limited services and typically cannot attest POA documents.
Honorary Consulates typically cannot attest Power of Attorney documents — this function normally requires the Ambassador at a full embassy. However, consular authority can change. Contact the Auckland Honorary Consulate directly to inquire before making travel plans to Canberra. If they confirm POA attestation is available, it would save you the trip to Australia.
The POA attestation fee at the Embassy of Nepal in Canberra is typically AUD $50 for divorce POA. Additional travel costs (flights from NZ to Canberra: NZD 300–800 return) must be factored in. Confirm the current fee when scheduling your appointment. See our full Australia filing guide for detailed embassy information.
The total process takes approximately 5 to 8 weeks: 3–7 days for POA preparation in Nepal, 1–2 weeks for documents to reach NZ, 1–2 weeks for the Canberra trip and attestation, 1–2 weeks for sending the POA to Nepal, and 2–3 working days for court proceedings. This is still faster than NZ divorce which requires a 2-year separation period.
Contested divorce typically takes 14 to 16 months total: 3–4 weeks for POA preparation and Canberra attestation, 1–2 weeks for sending documents to Nepal, plus 12–14 months for court proceedings including mediation, evidence examination, and final judgment.
No. Effective April 2023, Nepali embassies worldwide suspended POA attestation for foreign nationals of Nepali origin, including NRN card holders. If you have acquired New Zealand citizenship and renounced Nepali citizenship, you must travel to Nepal in person to file for divorce. Only Nepali passport holders can use the embassy POA service.
A divorce obtained in New Zealand may be recognized in Nepal under Article 706 of the National Civil Code, 2074, provided it was granted in accordance with NZ law. Recognition is not automatic — you must file for recognition of foreign divorce at a Nepali District Court. Note: NZ requires a 2-year separation before granting dissolution.
Yes. New Zealand generally recognizes overseas divorces obtained through proper legal proceedings. A Nepali divorce decree from a District Court is considered valid, provided both parties had proper notice and opportunity to participate. Have the decree notarized and authenticated by Nepal's Ministry of Foreign Affairs for use in NZ.
New Zealand requires a mandatory 2-year separation period before granting divorce — one of the longest in the world. Nepal has no such requirement for mutual consent divorce, which takes only 2–3 working days. Even with the Canberra travel cost, filing in Nepal is often faster and comparable in total cost. The process is under familiar Nepali law and directly addresses Nepal property.
Both spouses must separately appoint their own POA representatives. Both would need to visit the Nepal Embassy in Canberra (they can travel together or separately). Each signs their POA in the Ambassador's presence. The two POA representatives then appear before the District Court together to complete the mutual consent divorce.
No. KiwiSaver accounts and other New Zealand relationship property are governed by NZ law (Property (Relationships) Act 1976) and cannot be divided through Nepali court proceedings. If both spouses have significant KiwiSaver balances or NZ property, separate legal advice in New Zealand may be necessary.
Under Nepali law, property partition is addressed during divorce proceedings. Your POA representative negotiates property division on your behalf. Property in Nepal is governed by Nepali law. NZ assets (KiwiSaver, homes, investments) are governed by NZ law and require separate proceedings.
The Embassy of Nepal in Canberra is located at Suite 2.02, 24 Marcus Clarke Street, Canberra ACT 2601, Australia. Phone: +61 2 6162 7735. Website: au.nepalembassy.gov.np. Appointment is required — call or email before traveling from New Zealand.
At Nepal Divorce Services, Nepal's first specialized divorce law firm, we understand that taking the first step toward divorce can feel overwhelming. Our experienced divorce lawyers are here to guide you through the legal process and help you move forward with confidence and clarity.
Whether you're inside or outside Nepal and need assistance with filing a divorce case, our services are accessible worldwide. Contact us at +977 9841114443, on WhatsApp, or Viber.
