Is divorce in Australia valid in Nepal?

Divorce is the legal termination of marriage between a husband and a wife. Divorce can have various legal, social, and emotional implications for both parties and their children. Different countries may have different laws and procedures for divorce. Therefore, it is important to know whether a divorce obtained in one country is valid and recognized in another country.

In this article, we will explore whether a divorce obtained in Australia is valid and recognized in Nepal. We will also discuss the conditions and requirements for obtaining a divorce in both countries.

According to the Australian Government Department of Foreign Affairs and Trade, marriages which are legally performed and valid in Nepal are also legally recognized in Australia. Similarly, according to Divorce Nepal, if the case is decided by the competent court in a foreign country then it is accepted in Nepal. Therefore, it can be inferred that a divorce obtained in Australia is valid and recognized in Nepal, as long as it meets the legal requirements of both countries.

In order to obtain a divorce in Australia, one or both parties must:

• Be an Australian citizen or resident, or regard Australia as their home, or ordinarily live in Australia and have done so for at least 12 months before filing for divorce.
• Be separated for at least 12 months and one day before filing for divorce.
• Prove that the marriage has broken down irretrievably and there is no reasonable likelihood of resuming married life.
• File an application for divorce online or by post to the Federal Circuit Court of Australia.
• Pay a fee of $930 (or $310 if eligible for a reduced fee) for filing the application.
• Serve a copy of the application and other documents to the other party at least 28 days before the hearing date (or 42 days if the other party is overseas).
• Attend a hearing if required by the court or if there are children under 18 years of age.

In order to obtain a divorce in Nepal , one or both parties must:

• Be Nepali citizens or residents, or have married in Nepal, or have lived together as husband and wife in Nepal.
• Choose one of the two ways to obtain a divorce: by mutual consent or by filing a case in the district court.
• If choosing divorce by mutual consent, submit a joint application along with a separation agreement or a consent decree to the district court receiving the notice from the court.
• If choosing divorce by filing a case, file an application on any of the grounds provided by law, such as living separately for three or more consecutive years without consent, depriving the other spouse of maintenance costs or expelling him or her from the house, committing an act or fraud likely to cause death or grievous hurt or other severe physical or mental pain to the other spouse, having sexual intercourse with another person, marrying another person, or raping the other spouse.
• Pay a fee of Rs. 500 for filing the application.
• Attend a hearing and present evidence and arguments to support the case
• Receive a court order that determines whether to grant or deny the divorce and how to divide the rights and obligations between the parties.
• Obtain a divorce certificate from the court that confirms that the marriage has been legally dissolved.

In conclusion, a divorce obtained in Australia is valid and recognized in Nepal, as long as it meets the legal requirements of both countries. However, it is advisable to consult a lawyer before filing for divorce in either country, as there may be some specific conditions and complications involved. Divorce is not only a legal matter but also a social and emotional one that requires sensitivity and professionalism from lawyers and courts.

Read How to File A Divorce in Nepal from Australia