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.

How to File a Divorce in Nepal from Abroad

How to file a divorce in Nepal from Abroad?

Divorce in Nepal is typically accomplished by issuing a Power of Attorney (Adhikrit Waresnama) through the Nepali Embassy or Consulate in the country of residence.

What are the legal grounds for divorce in Nepal?

According to the Muluki Civil Code 2074, a husband or wife may file for divorce based on specific legal grounds.

In case of wife

A wife may file for divorce if her husband:

  1. Maintains an extramarital relationship.
  2. Subjects her to physical or mental abuse.
  3. Fails to provide food, maintenance, or financial support.
  4. Forces her out of the matrimonial home.
  5. Lives separately for three consecutive years without her consent.
  6. Suffers from an incurable communicable disease.
  7. Commits rape against her.

In case of husband

  1. Engages in an extramarital relationship.
  2. Subjects him to physical or mental cruelty.
  3. Lives separately for three consecutive years without his consent.
  4. Falsely accuses him of rape.

Divorce by Mutual Consent

Both spouses may jointly apply for divorce by mutual agreement without proving fault. However, the court will conduct mandatory mediation before granting the divorce.

What are required documents for Filing Divorce in Nepal from Abroad?

To initiate divorce proceedings from abroad under the Muluki Civil Code 2074, the following documents are generally required:

  1. Power of Attorney (POA)
  • Must be executed before the Nepali Embassy or Consulate in the country of residence.
  • Authorizes a lawyer or trusted representative in Nepal to act on behalf of the petitioner.
  1. Citizenship Certificate
  • Copy of the petitioner’s Nepali citizenship certificate.
  1. Marriage Registration Certificate
  1. Passport Copy
  • Copy of a valid passport (including visa or residence permit page if applicable).
  1. Photographs
  • Recent passport-size photographs of the petitioner.
  1. Divorce Petition
  • Prepared and filed by the authorized representative in Nepal in accordance with the Civil Code.
  1. Supporting Evidence (For Contested Divorce)
  • Any documents or proof supporting the legal grounds for divorce.

What is the process of Executing a Power of Attorney (POA)?

A Power of Attorney is a legal instrument through which one person (the Principal/Client) grants authority to another person (the Agent) to act on their behalf.

Step 1: Drafting the POA

The document must clearly state:

  • Full details of both the Principal and the Agent.
  • The specific powers granted (e.g., filing divorce petition, court representation, property transactions, banking matters, etc.).

Step 2: Required Documents

  • Citizenship certificates of both parties.
  • Recent passport-size photographs.
  • Property documents (if the authority relates to property matters).

Step 3: Authentication

If executed in Nepal:

  • The POA is prepared (usually by a lawyer).
  • Both parties must appear before the concerned District Court for verification.

If Executed Outside Nepal:

  • The POA must be signed before the Nepali Embassy or Consulate in the country of residence.
  • The embassy authenticates the signature and identity of the principal.

Timeline for Completing Divorce from Abroad

The duration of divorce proceeding depends on the nature of the case:

  1. Mutual Consent Divorce
  • Usually completed within 1 to 1.5 months, subject to mediation and court scheduling.
  1. Contested (Disputed) Divorce
  • May take approximately 1.5 to 2 years or more, depending on:
    • Complexity of the case.
    • Availability of evidence.
    • Property or custody disputes.
    • Court workload and procedural delay.

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.

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