Divorce Process for International Couples in Nepal

Divorce Process for International Couples in Nepal

Divorce is a legal process that dissolves a marriage contract between two individuals. When it comes to international couples, the divorce process can be more complex due to differences in laws and regulations. Nepal, being a popular destination for international couples, has its own set of rules and regulations for divorce proceedings. In this article, we will discuss the divorce process for international couples in Nepal.

Eligibility for Divorce in Nepal

According to the Nepal Marriage Act, 2028, a couple can file for divorce under the following circumstances:

• Adultery: If either spouse commits adultery, the other spouse can file for divorce.

• Cruelty: If one spouse is physically or mentally abusive towards the other, the victimized spouse can file for divorce.

• Desertion: If one spouse leaves the other without consent or a valid reason, the other spouse can file for divorce.

• Mental illness: If one spouse suffers from a mental illness that makes it impossible for them to fulfill their marital obligations, the other spouse can file for divorce.

• Irreconcilable differences: If the couple cannot resolve their differences, they can file for divorce.

Divorce Process for International Couples

The divorce process for international couples in Nepal is similar to that of Nepalese couples. The first step is to consult with a lawyer who specializes in family law. The lawyer will advise you on the legal requirements and procedures for divorce in Nepal.

To file for divorce, at least one of the spouses must be a resident of Nepal. The spouse who is not a resident of Nepal must have stayed in the country for at least one year before filing for divorce. The divorce petition must be filed at the district court where the couple last resided together in Nepal.

If one spouse is not in Nepal at the time of filing the divorce petition, they can appoint a power of attorney to act on their behalf. The power of attorney must be notarized by a Nepalese embassy or consulate in the country where the spouse is residing.

The divorce petition must include the reason for divorce and any claims for alimony, child custody, and property division. After the petition is filed, the court will set a hearing date. Both spouses must be present at the hearing, along with their lawyers.

If the court approves the divorce, a certificate of divorce will be issued. The certificate of divorce is valid in all countries that are signatories to the Hague Convention on the Recognition of Divorces and Legal Separations.

Conclusion

Divorce can be a challenging and emotionally draining process, especially for international couples. It is important to have a good understanding of the legal requirements and procedures for divorce in Nepal. Consulting with a lawyer who specializes in family law is crucial for a successful divorce process. By following the proper procedures and obtaining legal advice, international couples can ensure a smooth divorce process in Nepal.