Mutual Consent Divorce Process of Nepali and Foreigner
Mutual Consent Divorce Process of Nepali and Foreigner
This article explains the process of Husband and Wife Mutual Consent Divorce in Nepal
1. Introduction
In another word, divorce means legal termination and the dissolution of marriage between legally married spouse through court. For legal validation, a divorce must be concluded only in the court.
2. Governing Laws for divorce in Nepal
- Muluki Civil Code, 2074
- Muluki Civil Procedure Rules, 2075
3. Who can file divorce case in Nepal
- Only husband or wife can file for divorce in Nepal
- If the husband or wife cannot be physically present in the court, the the assigned Power of Attorney (POA) who can act on behalf of them may file for divorce.
4. Where can husband or wife file for divorce
The husband or wife who wants to file for divorce have to follow the legal jurisdiction as to where to file for divorce or what would be the authority for divorce filing;
- District Court of Husband or Wife of their permanent address.
- District Court of temporary address of husband or wife (here, temporary residence recommendation document of temporary residing ward is needed)
- In case of property with divorce case, in the District Court where the property is located
5. Legal grounds for divorce
In context of Nepal, spouses or married couple need to provide some grounds or reasons for divorce in their petition while filing for divorce. Basically, as per new National Civil Code of Nepal, 2074, there are certain conditions for both husband and wife to file divorce petition in the court
Divorce Lawyer in Nepal
6. Forms of Divorce
Basically, as per Nepalese law, divorce is conducted in mainly two ways:
- Mutual consent divorce
- Unconsented divorce
1.1. Meaning of Mutual Consent Divorce
- Dissolution of marriage between husband and wife at any time from their mutual understanding (concluded only in court) that the marriage has broken down and they are willing to separate by mutual agreement.
- In this type of marriage both the husband and wife have understanding on various aspects such as division of property, alimony, child custody and others and they act accordingly upon reaching the agreement.
Mutual Consent divorce in case of one party being Nepali citizen and other being foreigner:
| S.N | Required Documents for Mutual Consent Divorce |
|---|---|
| 1 | Citizenship copy of the Nepali citizen and passport copy of the foreigner |
| 2 | Marriage registration certificate (if not available, marriage photos will work) |
| 3 | Child birth certificate (if having any child) |
| 4 | Passport size photos (2 copies each) of both husband and wife and of the assigned POA |
| 5 | Temporary residence document from the ward office (if Nepali citizen resides in a district other than the citizenship issuance district) |
| 6 | If the foreigner is in Nepal at the time of divorce, they must appear in court; otherwise, an Authorized Power of Attorney (POA) (“Adhikrit Wareshnama”) notarized by a Notary Lawyer in the foreign country of residence is required |
Documents Required for mutual consent divorce between one party being Nepali citizen and other foreigner:
| S.N | Required Documents for Mutual Consent Divorce |
|---|---|
| 1 | Citizenship copy of the Nepali citizen and passport copy of the foreigner |
| 2 | Marriage registration certificate (if not available, marriage photos will work) |
| 3 | Child birth certificate (if having any child) |
| 4 | Passport size photos (2 copies each) of both husband and wife and of the assigned POA |
| 5 | Temporary residence document from the ward office (if Nepali citizen resides in a district other than the citizenship issuance district) |
| 6 | If the foreigner is in Nepal at the time of divorce, they must appear in court; otherwise, an Authorized Power of Attorney (POA) (“Adhikrit Wareshnama”) notarized by a Notary Lawyer in the foreign country is required |
Court Process of Mutual Consented Divorce between Nepali and Foreigner:
| Step | Process Description |
|---|---|
| Step 1 | Preparation of petition by the party who wants to file for divorce (either husband or wife). |
| Step 2 | Filing of the divorce petition in the concerned court mentioning the grounds for divorce. If the foreigner wants to file or respond, the Power of Attorney (POA) must be signed and notarized by a notary lawyer in the foreign country. The assigned POA shall file on their behalf. |
| Step 3 | After the court examines all documents and petition, and finds it under jurisdiction and complete, it registers the petition and provides the next day’s date for final process. |
| Step 4 | Preparation of respondent’s reply (“pratiuttar”) and other mutual applications including mutual consent document (“milapatra”) by both parties. |
| Step 5 | Physical presence of one party (Nepali citizen) and other assigned POA with original identity documents (citizenship/passport) in the court. |
| Step 6 | The other party submits reply to the petition, and both parties submit mutual application and mutual consent document confirming their consent for divorce. |
| Step 7 | After complete inquiry of documents by the court and registration, the file is presented before the Judge. |
| Step 8 | If the Judge finds all procedures followed and documents complete, divorce is concluded between husband and wife. |
| Step 9 | Issuance of divorce certificate. |
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