How to File for Divorce in Nepal from the United Kingdom (UK)

Many Nepali have been choosing the UK as their destination to work, settle, and enhance their career. It is not new that Nepali couples are getting married in the UK, some of them do so emulating full-on Nepali culture and traditions. Amidst this, there are instances where people express huge dissatisfaction over their marriage. Ever wondered, how to get a divorce in Nepal from the UK?

It is not complex to get a divorce in Nepal from the UK, the process is simple and the couple does not have to be physically present to do so. Before that, it is pertinent to understand the types of divorce.

Types of Divorce in Nepal

There are two types of divorce:

• Divorce by Mutual Consent: Divorce by mutual consent is a legal process where both spouses agree to end their marriage amicably. In this type of divorce, both parties work together to reach an agreement on various aspects of the separation, including property division, financial support (if applicable), child custody, and visitation rights.
• Divorce by the Court Order: Divorce by court order is a legal process in which one spouse files a divorce petition, and the other party contests or opposes the divorce. Unlike divorce by mutual consent, where both parties agree to end the marriage, in a contested divorce, there is a disagreement on one or more key issues related to the divorce.

If you are in the UK and want to get a Divorce By Mutual Consent or Divorce by Court Order then you have to follow the procedures prescribed by the Nepalese law.

How to File for Divorce from the UK

In situations where you cannot physically appear in court for a divorce filing, you have the choice to appoint a representative. This representative may be a trusted friend, family member, a recognised solicitor, or someone you have full confidence in. Legally, you must provide this individual with power of attorney to act on your behalf. Upon appointment, the power of attorney will assume responsibility for court appearances, document submissions, and other procedural tasks on your behalf.

What is Power of Attorney?

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 or are unable to make decisions due to mental or physical incapacity.

What is the Responsibility of Power of Attorney in Conducting Divorce Process?

After the Power of attorney appears at the Embassy of Nepal in London, you should sign the document to assign that person with the power of attorney. The person to whom the power of attorney is being assigned should sign and declare himself as an authorised person to act on your behalf. The power of attorney then comes back to Nepal to represent you in court.

In or during the court proceedings, the Power of Attorney has the authority to sign any legal document (concerning divorce) on your behalf.

What are the Required Documents for Assignment of Power of Attorney?

• Citizenship certificates of the applicant and the recipient of the power of attorney, in original and copy.
• Legal document prepared for granting Power of attorney.
• Marriage Certificate of the applicant.
• Passport-sized photographs (2 each of both applicant and recipient)
• Details of properties and assets to be contested

Note: The application for the power of attorney must be signed in the presence of two witnesses.

Property and Asset Division

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.

Certificate of Divorce

When the divorce is granted by the court, the applicant shall receive a Certificate of divorce from the court which then concludes the divorce proceeding.

Benefits of Getting Divorce in Nepal for a Nepali Couple Living Abroad

Usually, the cost of divorce proceedings is comparatively less expensive in Nepal than in the UK. Following the laws and procedures of the UK for getting a divorce can be complex and unfavourable for Nepali couples. Getting a divorce in Nepal helps avoid this complexity.

The bottom line of this process is that if you want to get a divorce in Nepal from the UK, the fundamental task is to authorise a Power of Attorney on your behalf. The rest of the work shall be carried out by the assigned person as per your instructions. It is more beneficial to get a divorce in Nepal than in a foreign land due to various aforementioned reasons.

Conclusion: Navigating divorce proceedings from the UK to Nepal is facilitated by appointing a Power of Attorney. Whether through mutual consent or court order, understanding the process ensures a smoother transition through this life-changing event.

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 solicitor as a Power of Attorney to act on your behalf.

How to Assign Power of Attorney from the UK?

• Choose a trusted person.
• Visit the Embassy of Nepal in London to assign Power of Attorney.
• Legal documents are signed and certified for representation in court.

Can UK Citizens be Power of Attorney?

No, only Nepali citizens residing in Nepal can be assigned Power of Attorney. If you are married to a UK citizen, they cannot act as your power of attorney in the divorce proceedings in Nepal. You need to appoint someone who is a Nepali citizen residing in Nepal.

Where is Nepalese Embassy Located in the UK ?

The Embassy of Nepal is located at 12A Kensington Palace Gardens, London W8 4QU, UK and can be contacted by telephone on +44 (0)207 229 1594 or by email at [email protected]

Do I need an appointment to sign the document at the Nepalese Embassy in the UK?

You cannot directly go to the Embassy of Nepal in the UK and sign the document. You have to take a prior appointment with the Embassy of Nepal in the UK. The process may take some time, as the officers in the embassy may have other pending or important works. We suggest you to book online appointment before going to embassy.

Why it is good to file divorce case in Nepal instead of the UK for Nepalese?

It is good to file divorce case in Nepal instead of the UK for Nepalese because it is less expensive, less complex, and more favourable for Nepalese couples.

Is Nepali divorce valid in the UK?

Yes, Nepali divorce is valid in the UK.

Will It Be Costlier If I Go To Nepal And Complete The Process Of Divorce?

Yes, it will be costlier if you go to Nepal and complete the process of divorce. You will have to bear the travel expenses, accommodation costs, solicitor fees, and court fees. You will also have to spend more time and effort to deal with the legal formalities and procedures. The most suitable way is to assign a power of attorney.

What are the witness requirements for signing the Power of Attorney document?

At least two witnesses must be present while signing the Power of Attorney document.

Who can simplify the divorce procedures for Nepali citizens living in the UK?

Nepal Divorce Services specialises in assisting Nepali citizens in the UK to navigate and simplify divorce procedures.