Recognition of Foreign Divorce in Nepal

In Nepal, the recognition of a foreign divorce is a legal process that acknowledges the validity of a divorce decree obtained in a foreign country. This means that if a divorce has been granted in another country, it can be legally accepted and enforced in Nepal. According to Article 706 of the Civil Code 2017, a divorce obtained in a foreign country is legally acknowledged. If a marriage between two Nepali citizens or between a Nepali citizen and a foreigner is legally terminated in the country where the divorce was granted, it will be recognized under Nepali law and can be enforced.

Recognition Of Foreign Judgements In Nepal

For the recognition of a foreign court decision to be considered, certain conditions must be satisfied:

1. The court must possess the authority to adjudicate the case.
2. The court should demonstrate impartiality and independence.
3. The decision should be rendered without any fraudulent activity.
4. The decision must align with public policy and not contravene it.
5. The fundamental principles of fairness and natural justice must be upheld in the process.
6. The decision should be conclusive and not subject to further review.

Foreign Divorce Can Be Recognized In Nepal For Following People:

• It can be either between the Nepali Citizens Living Abroad, or
• a citizen of Nepal and a foreigner in a foreign country.

How To Recognize And Determine Foreign Divorce In Nepal?

• If both spouses share the same nationality, the determination shall be made in accordance with the legal provisions of their country of nationality. For instance, if both spouses are of Nepali nationality, the determination of divorce, including partition, alimony, and maintenance shall be in accordance with the legal provision of Nepal.
• If the spouses do not hold the same nationality, the determination shall be based on the legal provisions of the country where they usually reside (habitual residence).
• If, in the event that neither of these countries align, the determination shall be made in accordance with the legal provisions of the country where they currently reside.

Has Nepal Recognized Foreign Divorce?

Yes, Nepal has accepted a recognition of divorce affected in a foreign land. Justice Balram KC, in the case of Sabina Pandey v. Puskar Raj Pandey, delivered that:

Whether the courts of a country should recognize the judgments of foreign courts is an important question of law. Even though every nation is sovereign and has exclusive jurisdiction over people residing as well as property located within its territory, such a concept of exclusive jurisdiction is not viable in today’s era of interdependence. In today’s world nations cannot ignore decisions of foreign courts relying on the principle of territorial sovereignty.

Nepali Cases On Matrimonial Issues And The Private International Law

• Maria Victoria Subirana Rodrigage v Kami Sherpa et al. [2006]
• Srijana Ranjitkar v. Kiran Kumar Ranjit, 2016 (DC.162)
• Sabina Pandey v. Puskar Raj Pandey

Q&A: Recognition Of Foreign Divorce In Nepal

What is the Recognition of Foreign Divorce in Nepal?

The recognition of foreign divorce in Nepal is the legal process through which a divorce obtained in a foreign country is acknowledged and accepted as valid in Nepal.

Who can apply for the recognition of foreign divorce in Nepal?

Anyone who has obtained a divorce decree from a foreign country and wishes to have it legally recognized in Nepal can apply for this process.

What documents are required for the recognition of foreign divorce in Nepal?

The necessary documents generally include the original divorce decree, valid passports, and any other supporting documents related to the divorce, such as proof of service.

Where do we go to apply for the recognition of foreign divorce in Nepal?

The application for the recognition of foreign divorce should be submitted to the local district court in Nepal where one of the parties holds residency.

Can a foreigner with Nepali citizenship apply for the recognition of foreign divorce in Nepal?

Yes, a foreigner who has obtained Nepali citizenship and a foreign divorce can apply for recognition of the divorce in Nepal.

How long does the recognition of the foreign divorce process take in Nepal?

The duration of the process can vary depending on the specific circumstances and the completeness of the documentation. It generally takes a few weeks to a few months.

What happens after the foreign divorce is recognized in Nepal?

Once a foreign divorce is recognized in Nepal, it holds the same legal status as a divorce granted in Nepal. The parties involved are considered legally divorced in Nepal.

Can a foreign divorce be automatically recognized in Nepal?

No, a foreign divorce is not automatically recognized in Nepal. It requires a specific legal process to be acknowledged in Nepali courts.

Which documents are necessary for the recognition of foreign divorce in Nepal?

The essential documents for recognition of foreign divorce in Nepal often include:

• Original or certified copy of the foreign divorce decree.
• Evidence of proper jurisdiction of the foreign court.
• Legal translation of documents, if not in Nepali or English.
• Valid identification documents of both parties.
• Compliance with the laws of both the foreign country and Nepal.
• Both parties involved in the divorce are being given fair representation during the foreign divorce proceedings.

Can one party object to the recognition of a foreign divorce in Nepal?

Yes, a party can file an objection to the recognition of a foreign divorce in Nepal. The court will then consider the objection and make a decision based on the merits of the case.

How can legal advice be obtained for the recognition of foreign divorce in Nepal?

It is recommended to consult with a qualified lawyer in Nepal who specializes in family law or international legal matters. They can provide specific guidance and representation throughout the process.
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How is property partition typically carried out in Nepal after a foreign divorce?

Property partition is conducted through a legal process in which the assets are evaluated, and a fair distribution is determined based on factors like contribution and need. Only courts can effect partition, in that regard.

Can parties agree on property distribution without going through legal procedures?

Yes, parties can come to a mutual agreement on property distribution without going through the legal process, but it is advisable to document such agreements properly.

Can property obtained after the foreign divorce be subject to partition?

Yes, any property acquired after the foreign divorce can still be subject to partition if it is considered joint property.

Are there specific laws or provisions in Nepal governing property partition after a foreign divorce?

Yes, the laws related to property partition in Nepal are primarily outlined in the Muluki Civil Code of Nepal and other relevant legal statutes.

Note: Refer to Sections 706 & 707 of the Civil Code

Is it necessary to involve legal professionals in the property partition process after a foreign divorce?

While it is not mandatory, it is highly recommended to seek legal advice or involve legal professionals to ensure a fair and legally sound partition of property. For assistance, You can contact us.

In conclusion, the recognition of foreign divorce in Nepal is a vital legal process that ensures the acknowledgment and acceptance of a divorce granted by a foreign court. This recognition holds significant implications for individuals' marital status and associated rights, including property ownership and partition. It is imperative for those seeking recognition of a foreign divorce to navigate the legal procedures outlined by Nepali law meticulously. Seeking professional legal advice and adhering to the relevant statutes and regulations will facilitate a smoother and legally binding acknowledgment of the foreign divorce. Ultimately, this process provides individuals with the assurance that their marital status aligns with both international legal standards and the laws of Nepal.