How to File for Divorce in Nepal from Malaysia

Divorce is a legal process that ends a marriage and allows the spouses to remarry. If you are a Nepali citizen living in Malaysia and want to divorce your spouse who is also a Nepali citizen, you may wonder how to do it. In this article, we will explain the steps, documents, and options for filing for divorce in Nepal from Malaysia.

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. If you both agree, you can opt for divorce by mutual consent, which is the fastest and easiest way of divorce. If you don't agree, you can file for divorce by court order, which may take longer and involve more legal procedures.

Divorce by Mutual Consent

Divorce by mutual consent means that both spouses agree to end their marriage 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 the application and issue a divorce certificate within two working days.

Divorce by Court Order

Divorce by court order means that one spouse files a case against the other spouse in the district court, on the grounds of adultery, desertion, cruelty, impotence, insanity, or incurable disease. The court will try to reconcile the spouses first, but if that fails, it will decide the case based on the evidence and circumstances. The court will also determine the issues of property division, alimony, and child custody according to the law.

The grounds for divorce by court order are specified in sections 94 and 95 of the Civil Code 2017, which is the governing law for divorce in Nepal. You can read more about them in our previous article.

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

The second step is to go to the Nepalese embassy in Malaysia and sign a power of attorney, which is a legal document that authorizes someone else to act on your behalf in Nepal. You need to do this because you cannot file for divorce in Nepal personally while living in Malaysia.

You need to provide some documents when applying for a power of attorney, such as your citizenship certificate, marriage certificate, passport, and visa. You also need to pay a fee for the service. The embassy will verify your documents and issue you a power of attorney.

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, who can be a lawyer or a relative. Your representative will act on your behalf and file for divorce in Nepal according to 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, passport copy, visa copy, 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. If you opt for divorce by mutual consent, the court will issue a divorce certificate within two working days after receiving your joint application. If you opt for divorce by court order, the court will issue a divorce certificate after hearing and deciding your case.

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

Conclusion

Filing for divorce in Nepal from Malaysia can be done if both spouses are Nepali citizens. You need to decide whether you want to divorce by mutual consent or by court order. You need to go to the Nepalese embassy in Malaysia and sign a power of attorney. You need to send the power of attorney to your representative in Nepal who can file for divorce on your behalf. You need to wait for the court's decision and get your divorce certificate.

If you need more information or assistance on how to file for divorce in Nepal from Malaysia, you can contact Nepal Divorce Services. We are a team of experienced lawyers who can help you with all aspects of divorce law in Nepal. You can call them at +977 9851119296 or email them at [email protected]. They are also available on WhatsApp and Viber.