How to File a Divorce in Nepal from Abroad
Filing a divorce in Nepal from abroad means that a Nepali citizen (or a spouse married under Nepali law) who is living outside Nepal initiates and completes the legal divorce process in Nepal without being physically present in the country. This is generally done through executing Power of Attorney (Adhikrit Waresnama) before the Nepali embassy to relevant country.
Divorce is a legal process which is performed by the married couple to end their marital relationship.
Legal Grounds for Divorce in Nepal
Under the Muluki Civil Code 2074, a divorce case may be filed on the following grounds.
By the Wife
A wife can file for divorce on the following grounds: –
(a) Except where the husband and wife are living separately after obtaining their partition share or separating bread and board in accordance with law, if the husband has been living separately for three years or more consecutively, without consent of the wife;
(b) If the husband deprives the wife for the maintenance costs or expels her from home;
(c) If the husband commits an act or conspiracy likely to cause grievous hurt or other severe physical or mental pain to the wife;
(d) If the husband concludes another marriage;
(e) If the husband is proved to have made sexual intercourse with another woman; or
(f) If the husband is with evidence to have raped the wife or conspiracy likely to have raped the Wife.
By the Husband
A husband can file for divorce on the following grounds: –
(a) Except where the husband and wife are living separately after obtaining their partition share or separating bread and board in accordance with law, if the wife has been living separately for three or more consecutive years, without consent of the husband;
(b) If the wife deprives the husband for the maintenance costs or expels him from the house;
(c) If the wife commits an act or conspiracy likely to cause the grievous hurt or other severe physical or mental pain to the husband; or
(d) If the wife is proved to have made sexual relation with another person.
Mutual Consent
Both spouses may jointly file for divorce by mutual consent without proving fault, subject to court mediation procedures.
How to execute Power of Attorney (“POA”)?
A Power of Attorney is a legal document by which one person (Client) authorizes another person (Representative) to act on their behalf.
The process of executing POA are as: –
a. Draft the POA
- Full details of both parties, the person granting the Power of Attorney and the person receiving it must be clearly mentioned in the POA.
- The specific Power granted to the Representative must be clear and be stated in POA.
b. Where to execute the POA?
If executing inside Nepal
- The POA must be signed and executed before the judge in the relevant District Court of Nepal.
If executing outside the Nepal
- The POA must be signed and executed before the Consular of Nepali Embassy or Consulate in the country of residence.
c. What are the documents required for executing POA outside Nepal?
- Citizenship of both parties;
- Recent passport size photographs of both parties;
- Copy of citizenship of the witnesses; and
- Land ownership document (if property related).
What are the required documents for filling a divorce in Nepal from abroad?
Documents required for filing a divorce in Nepal from abroad: –
a.Power of Attorney (POA)
- Executed before the Nepali Embassy or Consulate in the country of residence.
- Authorizing a lawyer or representative in Nepal to act on your behalf.
b.Citizenship Certificate
- Copy of the Nepali citizenship certificate of the petitioner.
c.Marriage Registration Certificate
- Official certificate evidencing registration of the marriage in Nepal.
d.Passport Copy
- Copy of the petitioner’s valid passport (including visa/residence permit page, if applicable).
e.Photographs
- Recent passport-sized photographs of the petitioner.
f.Divorce Petition
Prepared and signed by the authorized representative.
g.Evidence Supporting Grounds (for contested divorce)
- Any relevant documents or proof supporting the legal grounds for divorce (if not filing by mutual consent).
h.Mutual Consent Application (if applicable)
- A joint application signed by both spouses (in case of mutual divorce), which may be submitted through an authorized representative appointed via a Power of Attorney if either spouse is residing outside Nepal, or, if both are residing outside Nepal, through their respective authorized representatives.
Note: Additional documents may be required depending on the specific circumstances, such as documents relating to property, child custody, or maintenance claims.
What are the required documents for filling a divorce in Nepal from abroad?
Documents required for filing a divorce in Nepal from abroad: –
a.Power of Attorney (POA)
- Executed before the Nepali Embassy or Consulate in the country of residence.
- Authorizing a lawyer or representative in Nepal to act on your behalf.
b.Citizenship Certificate
- Copy of the Nepali citizenship certificate of the petitioner.
c.Marriage Registration Certificate
- Official certificate evidencing registration of the marriage in Nepal.
d.Passport Copy
- Copy of the petitioner’s valid passport (including visa/residence permit page, if applicable).
e.Photographs
- Recent passport-sized photographs of the petitioner.
f.Divorce Petition
Prepared and signed by the authorized representative.
g.Evidence Supporting Grounds (for contested divorce)
- Any relevant documents or proof supporting the legal grounds for divorce (if not filing by mutual consent).
h.Mutual Consent Application (if applicable)
- A joint application signed by both spouses (in case of mutual divorce), which may be submitted through an authorized representative appointed via a Power of Attorney if either spouse is residing outside Nepal, or, if both are residing outside Nepal, through their respective authorized representatives.
Note: Additional documents may be required depending on the specific circumstances, such as documents relating to property, child custody, or maintenance claims.
FAQs
What is the timeline to complete filling a divorce in Nepal from abroad?
Generally, it is based on the two category which are as: -
a. On Mutual consent
It takes to around 1 to 1.5 months.
b. Disputed Divorce
It may take approximately 1.5 to 2 years or longer depending on the complexity of the case, availability of evidence, Property or custody disputes and Court schedule and procedural delays.
Can we file divorce in Nepal living in abroad?
Yes, we can file a divorce in Nepal living in abroad by executing the POA.