International Divorce in Nepal

An international divorce occurs when you file for divorce in a nation other than where you now reside or where your primary residence is. If you and your ex wind up living in different countries or have different nationalities, it may be because you travel frequently for work.

You must take two actions if your problem includes two or more nations:

• Determine which nations you can divorce in, and
• If you have a choice of more than one, determine which one is most likely to result in the best conclusion for you.

The problem may arise when,

• The couple may seek a divorce decree or judicial separation in a court different from where they married,
• The capacity and formality of a marriage may be defined differently depending on the national system of internal substantive law.
• Question of recognition may come in a court of a country other than the original judgment was obtained

Under Nepali law, there is no explicit provision that provides ground for jurisdiction in divorce or nullity cases that involve foreign elements. However, in Section 718 of the National Civil Code, 2017 court of Nepal shall have jurisdiction to adjudicate the proceedings and settle any disputes arising in connection with the following matters:

1. A matter between the foreigners who reside in Nepal or between a foreigner and a citizen of Nepal that is governed by this Act or other law
2. A matter of a case in which a foreigner residing in Nepal is a defendant

A Nepali citizen living in any part of the world can file a divorce from outside Nepal through a power of attorney. A Nepalese citizen may be given power of attorney (अधिकृत वारेसनामा) to represent you or carry out certain actions on your behalf in Nepal, such as selling any property you possess or speaking on your behalf in court. This power's grantor may request that the Embassy formally certify the award.

Law applied

Section 705 of the National Civil Code, 2017 states that, To be determined according to the law of residence

1. The matter of separation of bread and board shall be governed by the law of the country of habitual residence of the married couple.
2. If, in governing the matter pursuant to sub-section (1), the country of habitual residence of the couple is not the same, it shall be governed by the law of the last country of their habitual residence, and if even such a country cannot be ascertained, by the law of the court where the case of alimony is sub judice.

Recognition of Foreign Divorce in Nepal

Section 706 of the National Civil Code, 2017 states that,

Divorce affected abroad to be recognized

• If a divorce is effected between the citizens of Nepal or between a citizen of Nepal and a foreigner in a foreign country, such divorce shall, if effected in accordance with the law of that country, be recognized and enforced in Nepal in accordance with the law of Nepal.

So, Nepal recognizes international divorce if it does not violate the public policy of done with fraud or violation of natural justice.