Nepal court marriage is one of the easiest procedures for NRIs, foreigners, and Nepali nationals for getting their marriage registered officially at the District Court. While looking for how to get married in Nepal, the procedure becomes easier, but only if all required documents, embassy letters, residency proof, and application form are properly filled.
As per the National Civil Code of Nepal, 2017, marriage is considered valid when two persons, that is, a man and a woman, enter into a relationship as husband and wife by any conventional or legal process. Furthermore, marriage is considered as an eternal union between man and woman based on mutual consent.
Court Marriage in Nepal
In Nepal, court marriage is a legal term for marriage by registration. Through this process, the couples will get married without performing any conventional ceremony through the District Court.
While marrying in Nepal for couples staying within the country, the application form is submitted at the concerned District Court. However, in case of Nepali nationals staying abroad, the marriage registration process is also allowed through Nepalese Embassy/Consulate within the country they are living.
This option is popular among:
- Foreigners marrying Nepali citizens
- Two foreign nationals marrying in Nepal
- NRIs and Indian-origin couples
- Inter-caste and inter-religious couples
- Couples who want a direct legal marriage in Nepal
The legal validity of a marriage certificate that is issued by the District Court constitutes an official legal document that can be used in immigration, visa applications, and other such related documents.
Legal Requirements for Court Marriage in Nepal
To fulfill the requirements for court marriage in Nepal, both individuals have to satisfy the basic legal requirements prescribed by the National Civil Code, 2017. These include that both should be willing to marry voluntarily, should not be married before, should not be within the prohibited degrees of relationship, and should have completed 20 years of age.
In simple terms, the couple must prove that:
- Both parties are legally eligible to marry
- Both are unmarried, divorced, or legally free to remarry
- Both are marrying voluntarily
- Both meet Nepal’s legal age requirement
- Their documents are genuine and consistent
Immigration status, documents from the embassy, and evidence of residence in Nepal are additional considerations examined by the court for foreign nationals and NRIs.
- 15 Days Residency for Foreigners
- 15 Days Residency is one of the most significant requirements for marriages between foreigners in Nepal.
Under Section 77 of the National Civil Code, a couple wishing to register their marriage at a District Court shall present themselves as being residents of that district for not less than 15 days prior to making their application.
Documents from foreign citizens:
- Valid passport
- Valid Nepal visa or legal entry record, where applicable
- Passport-size photographs
- No Objection Letter or single-status certificate from the concerned embassy
- Proof of unmarried, divorced, or widow/widower status
- Birth certificate or age proof, if requested
- Temporary residence certificate from the Ward Office of Municipality stating the proof of at least 15 days’ stay in Nepal
- Translated of Foreign Marriage law of concern country and notarized copies of foreign documents were required
Many lawyers in Nepal mention that some common requirements for foreign nationals include No Objection Letter from the embassy, passports and visas, 15-days temporary stay in Nepal and translation of foreign marriage law.
Documents to be provided by the Nepali citizen, in case one of the parties is Nepali:
- Citizenship Certificate of Nepal
- Unmarried certificate issued by the ward office
- Passport size photographs
- Temporary residence certificate, (If the marriage is to be registered in a district other than the one where the citizenship was issued)
- Information regarding the witness
- Qualifications required for the witness
As per the National Civil Code 2074, the application for marriage by registration should contain the names of at least two witnesses.
Witnesses need to always produce proper identification cards, and they must be available whenever the court demands their presence.
Steps in the Kathmandu District Court:
One of the most popular sites for court marriages in Nepal is Kathmandu since there are embassies, interpreters, notarized services, and lawyers available in the city.
It is essential to check if both individuals satisfy Nepal’s legal requirements for marriage before submitting the case file. These requirements include age, consent, marital status, and relation restrictions.
One of the parties involved in the case should fulfill the condition of staying for 15 days in the related district before submitting the case file to the District Court. It would be best if foreigners-maintained evidence of their stay, such as hotel receipts, entry stamps, and residential proofs.
A No Objection Letter, an affidavit of marriage eligibility, or a single status certificate may be obtained from the foreigner’s consulate. The format and process of application depend on the embassy.
In some cases, foreigners have to translate and notarize their documents. It is crucial if their official documentation is in languages other than English and Nepali.
The application will be filed along with all necessary documents and witness information.
The application will be filed along with all necessary documents and witness information.
This will involve a thorough review of all the documents submitted, verifying the identities and intentions of both parties, and possibly asking some questions to make sure both individuals are eligible to marry and willing to do so.
After being satisfied with the process, the court will register the marriage and issue the marriage certificate. As per the Civil Code, once the deed of consent is signed, the marriage will be recorded in the registry book, and the marriage will be considered complete from the day the marriage certificate is received.
Time Period and Cost of Court Marriage in Nepal:
It depends upon the case; if both parties are Nepali or one party is from abroad.
In case of foreigner,
Timeline generally involves:
- 15 days of residing in the relevant district
- 1-3 days of court procedure and court appearance, if all documents are in order
Plus, time for embassy letters, translation, notarization, and Ward Office documents
Service providers estimate the period to be somewhere between 18-24 days for marriage cases involving foreigners due to a 15-day staying period.
The fee for court registration is very nominal and is approximately NPR 500, while total cost depends upon:
- Fees charged by the embassy
- Charges for translation services
- Charges for notary
- Fees charged by Ward Office
- Fees charged by lawyers and marriage attorneys
- Fees for urgent documents
- Fees for certificate attestation abroad
It would cost more for foreign individuals than for Nepali people because of embassy documentation and translations.
Mistakes Made by Foreigners:
The foreigners have been experiencing delays in court marriage in Nepal due to small mistakes made in their paperwork. These mistakes are:
- Reaching Nepal without arranging for 15 days’ stay
- Lack of pre-checking about embassy requirements
- Coming with documents that are not notarized or translated
- Inconsistency in names in passports, divorce certificates, and letters from embassies
- Believing a tourist visa is enough for legal formalities
- Selecting witnesses without any identity proofs
- Filing for marriage in the wrong district
- Coming during the last few days of visa validity
- Not arranging residency proof
A mere misspelling might cause a delay. Foreigners are advised to scrutinize every document before submission.
Why Hiring a Marriage Lawyer in Kathmandu Makes the Process Faster?
Engaging a marriage lawyer in Kathmandu goes beyond mere paperwork. The lawyer can point out any missing documents from the very start, even before the case arrives at the court, for foreigners and NRIs.
Here are some services that a professional marriage lawyer can provide:
- Guidance on obtaining the Embassy No Objection Letter
- Help with temporary residency papers from the Ward Office
- Coordination for translations and notarizations
- Drafting the court application
- Preparing witnesses
- Submitting the application to Kathmandu District Court
- Answering questions by the court
- Collecting certificates after marriage
- Attesting papers after marriage
For foreign citizens, a legal marriage agency in Kathmandu will cut down on stress, possible rejections, and wasted days.
Conclusion
In Nepal, court marriage is an easy and legal form of marriage, both for Nepalese, NRIs, as well as foreign nationals. Though the entire process is simple, certain requirements must be fulfilled by the foreign individuals, such as staying in Nepal for at least 15 days, acquiring No Objection Certificate from Embassy officials, and others.
FAQs Regarding Court Marriage in Nepal:
- Explain court marriage in Nepal?
In Nepal, court marriage involves a process of registering the marriage in the District Court without any religious ceremony involved. Here, the couple must make an application and attend court and sign the necessary documents.
- Can foreigners conduct court marriages in Nepal?
Yes. As long as they meet the conditions set out in the Nepal marriage requirements, then they may be able to conduct court marriage.
- Are foreigners required to stay in Nepal for 15 days to get married?
Yes. According to Nepali laws, for marriages conducted via marriage registration in District Courts, one must have stayed in the relevant district for a minimum of 15 days.
- How much time does it take for court marriage in Nepal to complete for foreigners?
It generally takes 18-24 days on average in case of foreigners for the court marriage in Nepal owing to the 15 days residency requirement, embassy documents and their translation, and all other required processes.
- Is it necessary to hire a marriage lawyer in Kathmandu?
There is no such compulsion from legal point of view, but it is advisable to hire a marriage lawyer in Kathmandu especially when it comes to foreigners and NRIsdivor