Divorce in Nepal from China

Many Nepali have been choosing China as their destination to work, settle, and enhance their career. It is not new that Nepali couples are getting married in China, 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 China? It is not complex to get a divorce in Nepal from China, 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.

I Am A Nepali Citizen Living In China And I Want To Divorce My Partner. Should I Have To Come To Nepal To Divorce My Partner?

No. You don’t have to come here to Nepal to effect a divorce. You can easily divorce your partner by staying in China.

I Am Living In China And I Could Not Convince My Partner To End Our Marriage In Mutual Consent, How Can I Solve This Issue?

• First, if you and your partner agree to effect divorce in mutual consent, you can assign a power of attorney to submit an application to the Court of Nepal and conclude the process. If you want to share a property through mutual consent, you also have to mention that in the application.
• However, if you cannot convince your partner to divorce in mutual consent, you can go through the process of divorce by the court order. For that, you can file a case in the court of Nepal and the Court will effect a divorce.

I Came To China With My Partner Through Court Marriage But After Three Years Of Marriage I Want To Divorce My Partner And Claim Property, Is That Possible?

Yes, if you have a marriage certificate issued by the concerned authority then you are eligible to claim for a property.

I Am In China But The Property Is In Nepal So How Can I Move Forward With The Process? Who Will Prepare A Document?

• First, you have to assign a power of attorney.
• Second, you should file a case at the Court of Nepal. During the filing of the case, the power of attorney will prepare a plaint (फिरादपत्र) on your behalf, and in that document, you have to mention the property you want from your partner by disclosing details of the property.
• Third, after hearing the case, the court will order for partition share of property.

How Can I Divorce My Partner Without Coming To Nepal?

You have to assign someone you trust or any lawyer to act on your behalf. The person you assign is called a ‘Power of Attorney ( अख्तियारनामा/वकालतनामा).

How Do I Assign ‘Power Of Attorney To Someone? I Am In China So Should I Go To Nepal To Provide ‘Power Of Attorney’?

• First of all, you have to choose a person to whom you want to assign power of attorney.
• Secondly, you don’t have to go to Nepal to give power of attorney. A person has to or can come to the Embassy of Nepal located in China and has to fulfill requirements before getting power of attorney.

What Is The Process For The Power Of Attorney Appearing In The Embassy Of Nepal In China?

• First, the power of attorney has to obtain a visa and necessary permits from the Department of Immigration of Nepal.
• Second, the power of attorney should then be present at the Embassy of Nepal in China. On the same day, you (the applicant) should also be there to assign the power of attorney.
• Third, by signing the legal documents, the head of the embassy or concerned person will certify it and then only the power of attorney will be eligible to represent you in court.

Can I Directly Go To The Embassy Of Nepal In China And Sign The Document? Or, Do I Have To Take A Prior Appointment?

• The process may take some time. Since the officers in the embassy may have other pending or important works they cannot provide you time directly. For that, you have to visit the Embassy, talk with the authorities, and fix a date for the appointment.
• The officers will see the schedule or work timeline and give you the date of the appointment. On that date, you and the person you nominated for power of attorney can come to the Embassy of Nepal along with the required documents and sign them.

Do I Have To Bring Other People Other Than The Power Of Attorney To Sign The Document?

Yes, the law requires at least two witnesses to be present while signing the document. So, you have to bring two witnesses to complete the process.

Who Will Prepare The Letter/Document To Be Signed For The Power Of Attorney?

The person to whom you are assigning the power of attorney will prepare the document for you as necessary. For example, if you are assigning a person 'A' from Nepal Divorce Services as a power of attorney, that person 'A' will prepare the document to be signed for the power of attorney. You don't have to worry.

Can I Assign Power Of Attorney To Chinan Citizens?

No. You cannot assign power of attorney to Chinan citizens. You must choose a person with Nepali citizenship and living in Nepal as required by law.

Where Do I Find Firms Or Lawyers Who Can Help Me In This Work?

You can simply Contact us (Nepal Divorce Services) as we have been providing similar services for a long period. Everything will be well taken care of regarding the divorce process.

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

• Yes. You have to bear more costs if you do so. First, you have to bear travel costs, find a lawyer to represent you, and other fees.
• The most suitable way is to assign a power of attorney as suggested above.

More Details On Filing A Divorce In Nepal From Abroad

TYPES OF DIVORCE IN NEPAL

There are two types of divorce:

1. 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.
2. 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 China and want to get a divorce by the Court order then you have to follow the procedures prescribed by the Nepalese law.

What Is The Process To File A Divorce From China?

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 recognized legal practitioner, 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?

• The power of attorney must make himself/herself available in the Embassy of Nepal situated in China.
• After the Power of attorney appears at the Embassy of Nepal in China, 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 authorized 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
• Court fees

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 China.
• Following the laws and procedures of China for getting a divorce can be complex and unfavorable for Nepali couples getting a divorce in Nepal helps avoid this complexities.

The bottom line of this process is that if you want to get a divorce in Nepal from China, the fundamental task is to authorize 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.