Divorce Process for Foreign Citizens in Nepal

The termination of marriage through a formal legal procedure is known as divorce, which effectively severs the marital bond between two people. Several legal procedures are necessary to unravel the joint aspects of the marriage, including dividing property, sorting out financial responsibilities, and addressing child custody and support if needed. When a married couple chooses to get divorced, they need to submit a petition in court, and the legal decree is what officially ends the marriage. The causes of divorce may differ, ranging from personal disagreements to more severe problems such as unfaithfulness, mistreatment, or just drifting apart.

In most instances, the procedure also includes determining the division of assets and debts acquired throughout the marriage. When children are part of the situation, the court deals with custody agreements, child support, and visitation privileges. Furthermore, one spouse may receive spousal support, also known as alimony, based on factors such as the duration of the marriage and the financial situation of each party. The laws and regulations on divorce vary by jurisdiction, with the main objective being to equitably divide the lives of each party.

Eligibility for Divorce

According to the National Civil Code, 2074, Chapter 3, foreign nationals living in Nepal can file a divorce in Nepal under the following conditions:

Husband may file for divorce

The husband may affect divorce in any of the following circumstances even without the consent of the wife:

(a) Except where the husband and wife are living separately after obtaining their partition share or separating bread and board by law, if the wife has been living separately for three or more consecutive years, without consent of the husband,

(b) If the wife deprives the husband of maintenance costs or expels him from the house,

(c) If the wife commits an act or conspiracy likely to cause grievous hurt or other severe physical or mental pain to the husband,

(d) If the wife is proven to have made sexual relations with another person.

A wife may file for divorce

The wife may affect divorce in any of the following circumstances, even without the consent of the husband:

(a) Except where the husband and wife are living separately after obtaining their partition share or separating bread and board following the law, if the husband has been living separately for three years or more consecutively, without consent of the wife,

(b) If the husband deprives the wife of maintenance costs or expels her from home,

(c) If the husband commits an act or conspiracy likely to cause grievous hurt or other severe physical or mental pain to the wife,

(d) If the husband concludes another marriage,

(e) If the husband is proven to have had sexual intercourse with another woman,

(f) If the husband is proven to have raped the wife.

Divorce Process for Foreign Citizens in Nepal

Step 1: Meeting with an Expert Attorney

The initial and crucial step is to seek advice from a seasoned family law lawyer in Nepal. At Nepal Divorce Services, our legal professionals are knowledgeable about divorce cases with foreigners. We will assist with the necessary legal guidelines, laws that pertain to, and how your residency status could influence the divorce proceedings.

Step 2: Criteria for Establishing Residency

As long as you meet the residency requirements specified in the National Civil Code 2074, foreign citizens living in Nepal have the option to initiate divorce proceedings under Nepali law. Our legal team can assist in determining if your residency status in Nepal meets the requirements for filing for divorce in Nepali court, with one spouse needing to reside in the country.

Step 3: Determining jurisdiction and selecting applicable law.

The issue of determining the laws that apply may come up when at least one of the partners is a foreign national. Nepali courts typically deal with divorce cases according to the laws in the area. Nevertheless, it is important to take into account the legal consequences of the divorce in their native countries when both partners are foreign nationals. Nepal Divorce Services can assist you in navigating this process to ensure that the divorce is valid in all applicable jurisdictions.

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, 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.

Steps of Filing Divorce for Foreign Nationals

Initiating a Divorce Process

To start the process of getting a divorce, the petition must be submitted to the district court where the couple last lived together or where one partner currently lives. If you are not a citizen of the country, it is crucial to submit essential paperwork like your marriage certificate, proof of residency, and other important legal forms.

Legal proceedings in court and the use of mediation.

Nepal's legal system promotes mediation before the case is heard in court. This procedure is intended to settle disagreements about child custody, property distribution, or alimony amicably and without conflict. Because foreign nationals may not be knowledgeable about Nepali legal procedures, they must have legal representation when participating in mediation.

Going to Court Proceedings

If the mediation is not successful, the case will move forward to the court system. Foreign individuals will probably have to appear in court in person unless the court permits alternative arrangements like virtual appearances. We will aid you in organizing your schedule and getting ready for the hearings.

Completing the Divorce Proceedings

After the divorce is finalized, the court will give a formal decision that will cover child custody, spousal support, and dividing assets if necessary. It is crucial to make sure that the divorce is legally recognized in the home countries of both parties if they are both foreigners.

Concerns relating to foreign citizen’s divorce

What happens if my partner is not in Nepal?

If your partner is absent from Nepal during the divorce proceedings, we can help you submit the divorce paperwork. Nevertheless, notification to your spouse is required during the proceedings, and legal documents can be delivered through international legal channels.

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.

How does the division of property occur?

Nepal adheres to an equitable distribution system when dividing assets in divorce cases. Nonetheless, we can work with legal experts from overseas to guarantee an equitable split of assets for foreign individuals with possessions in other countries.

Will my home country recognize the divorce?

Foreign nationals need to confirm that their home country recognizes the divorce verdict obtained in Nepal. Sometimes, extra-legal actions like getting a certified copy of the divorce decree and confirming it with the relevant legal entities in your country of residence may be required.

What will be the custody of children and moving abroad with them?

When deciding on custody arrangements, Nepali courts give top priority to the well-being of the child. It is essential for foreign nationals who are leaving Nepal after a divorce to ensure they have international custody rights. Our team will assist you in navigating these delicate issues and ensuring adherence to laws in Nepal and around the world.

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.

So, why should you trust the Nepal Divorce Service?

Nepal Divorce Services is known as a reliable legal companion for divorce because of its extensive knowledge, individualized strategy, and thorough comprehension of Nepal's legal system. Utilizing a team of divorce lawyers who are skilled and experienced, they guide you through the complexities of divorce law to safeguard your rights throughout the process. Nepal Divorce Services provides clear and practical guidance focused on your best interests, whether it involves dividing assets, child custody, or spousal support. Due to their vast experience in dealing with various cases, they are well-prepared to resolve even the most sensitive and complex matters, giving you the assurance and peace of mind necessary in difficult situations.

Nepal Divorce Services stands out for its dedication to offering caring, customer-focused services. They recognize that divorce involves more than just legal proceedings and also encompasses emotional and personal experiences, so they strive to provide solutions that minimize tension and strain. Through providing clear and frequent communication, they guarantee that you are always well-informed about the progress of your case. Nepal Divorce Services is committed to achieving a fair and smooth outcome from the first consultation to the final decree, making it a dependable partner for anyone in need of legal help with divorce matters.