In recent decades, Nepal has experienced a marked rise in the number of its citizens acquiring foreign citizenship or establishing permanent residence abroad. This trend is particularly evident in countries such as the United States, Canada, Australia, the United Kingdom, and Germany, which are consistently among the top destinations for Nepali immigrants. The motivating factors include access to quality education, career advancement, and broader economic opportunities.
Despite the growing presence of the Nepalese diaspora, a significant proportion of Nepalese—both residing in Nepal and abroad—continue to prefer marrying fellow Nepalese nationals. Consequently, questions often arise regarding the legal framework governing marriages involving foreign nationals within Nepalese jurisdiction.
Nepal, as a growing hub of international travel and multicultural interaction, has seen a noticeable increase in cross-border marriages. These include unions between Nepali citizens and foreign nationals, as well as between two foreign nationals residing in Nepal. While Nepalese law recognizes and permits such marriages, the legal framework mandates strict compliance with statutory procedures to ensure their validity and recognition.
As per the governing legal regime in Nepal, any marriage between a Nepali citizen and a foreign national must be solemnized through the court marriage process. This is a mandatory requirement and not merely an optional alternative to religious or customary ceremonies. The legal foundation for this procedure is primarily rooted in the Muluki Civil Code, 2074 (2017), which governs personal status matters including marriage, divorce, and family relations.
Marriage
Marriage is a legally and socially recognized union between two individuals that establishes rights and obligations between them, their children and their families. It is often marked by a formal ceremony and is regulated by laws, cultural norms, religious beliefs, and customs.
According to Muluki Civil Code 2074:
A marriage is considered to be established if a man and a woman accept one another as husband and wife through any type of occasion, ritual, legal formality, or similar act.
Marriage may be concluded between Nepalese citizen
A marriage shall be considered valid if the following conditions are fulfilled:
(a) The man and the woman mutually consent to accept each other as husband and wife,
(b) They are not related to each other in a manner that would constitute an incestuous relationship punishable by law,
(c) Neither of them is currently in a legally recognized marital relationship with another person,
(d) Both parties have attained the age of twenty years.
A marriage shall not be considered invalid solely on the basis of familial relationship if such a union is permitted under the customs or traditions of their respective ethnic community or clan.
Recognition of Marriage in Nepal: Legal and Social Perspectives:
In the case Narayanmani Lamichhane v. Sarita Shrestha the couple had been in a long-term relationship before formally entering into a marital bond. Rather than following the traditional or legal procedures of marriage recognized under Nepali law, they adopted an unconventional (Placeholder3) method by signing a personal document, affixing their thumbprints, and including two witnesses from each side. This informal deed was executed in the woman’s rented room.
After three years, the wife approached the court seeking official recognition of their marital status, alleging that the husband was attempting to abandon her. She presented the signed document as proof of their marriage. While the husband admitted to signing it, he claimed it was done under duress and further argued that a private document could not establish a legally valid marriage.
However, the Supreme Court of Nepal upheld the Tanahu District Court’s decision, which had recognized the deed as constituting a marital relationship. Justice Sapana Malla, in delivering the verdict, emphasized that although current laws require formal registration of marriage, purely social and cultural forms of marriage should not be disregarded. The judgment clarified that courts are permitted to consider a wide range of materials as evidence—whether oral or written, including signals, signs, notebooks, or pictures. Therefore, a written agreement made by mutual consent with witnesses holds evidentiary value and cannot be dismissed outright.
According to Private International law :
In the field of private international law, the validity of a marriage is subject to multiple legal frameworks, making it a complex legal issue. The formal validity of a marriage is generally governed by the law of the place where the marriage is solemnized (lex loci celebrationis). Conversely, the essential validity—which encompasses fundamental aspects such as the legal capacity of the parties to marry—is typically determined by the law of the domicile or matrimonial home of
the spouses (lex domicilii). The interplay between these legal principles is critical in determining the recognition and enforceability of a marriage across jurisdictions.
According to Muluki Civil Code 2074:
Citizen of Nepal to follow law of Nepal while concluding marriage abroad:
While entering into a marriage in a foreign country, a citizen of Nepal must adhere to the eligibility criteria, qualifications, and conditions for marriage as prescribed by the laws of Nepal.
1) The procedural requirements to be followed by a Nepali citizen while getting married abroad shall be governed by the laws of the country where the marriage takes place.
(2) Any marriage carried out in violation shall not be legally recognized in Nepal.
A foreigner must comply with the laws of their own country while getting married in Nepal:
(1) In the case of a marriage taking place in Nepal—whether between two foreigners or between a foreigner and a Nepali citizen—each party to the marriage must fulfill the eligibility, qualifications, and conditions for marriage as laid down by the law of their own nationality.
2) The formalities to be fulfilled by the foreigners while concluding marriage in Nepal shall be governed by the law of Nepal.
3) A marriage concluded in contravention shall not be recognized in Nepal.
These provisions unmistakably reflect that Nepal’s legal system adheres to the (lex loci celebrationis) principle in resolving conflicts of laws. Yet, the manner in which these provisions are articulated resembles that of substantive (internal or domestic) laws of a particular jurisdiction, rather than the typical drafting style of Private International Law (Private international law) rules. The expression “while concluding marriage” embedded in the text further reinforces this character. Two key observations arise here. Firstly,
[1] NKP 2074(2017), V59(6),DN:9833
it must be recognized that Private international law rules are not crafted for use by ordinary individuals in their routine affairs. They are specifically intended for application by courts when addressing disputes between or among private parties that involve a foreign element.
Documents Required for Marriage in Nepal Between a Nepali Citizen and a Foreigner:
- Notarized Citizenship/Passport and Valid Visa:Both the Nepali and foreign party must provide notarized copies of their citizenship certificate or passport, along with a valid visa.
- Minimum Stay Requirement for the ForeignerThe foreign national must be present in Nepal for at least 15 days prior to applying for marriage. This should be supported by the arrival stamp in the passport.
- Witness Documentation:Each party must provide one copy along with notarized copies of their citizenship or passport.
- Temporary Residence Certificate:If either party is residing in a district different from their permanent address (or if one is a foreign national), they must obtain a temporary residence certificate from the local ward office.
- Marital Status Certificates:For the Nepali citizen: A certificate of being unmarried/single or divorced, issued by the local ward office of their permanent address.For the foreign national: A no objection Letter, or a certificate proving single/divorced status, issued by the relevant civil registry, local authority, or Embassy/Consulate General of their home country.
- Divorce Documentation (if applicable):If previously married, original divorce certificates or legal proof of divorce must be submitted.
- Marriage Law of the Foreign Country:A copy of the Marriage Act/law from the foreign party’s home country must be submitted, along with English and Nepali translations, all notarized.
- Photographs:Four (4) passport-sized photographs of each party are require.
Court Marriage Between Two Foreigners in Nepal
If both parties are foreign nationals, the following documents are required:
- Original Passport and Visa:Original passports along with valid visas and notarized copies for both individuals.
- Minimum Stay Requirement:Both parties must have stayed in Nepal for at least 15 days before filing for marriage, verified through the arrival stamp.
- Temporary Residence Certificate:Must be obtained from the local ward office where both individuals are temporarily residing.
- Single/Divorce Status Documentation:A no Objection Letter or certificate confirming single/divorced status must be issued by the civil registry, local authority, or Embassy/Consulate General of their respective countries.
- Divorce Certificate (if applicable):If either party has been previously married, original divorce documents must be submitted.
- Marriage Law of Home Country:Each party must submit the Marriage Act/law of their own country, with English and Nepali translations, duly notarized.
- Witnesses and copy of Citizenship:Two witnesses (one from each side) must be present, with notarized copies of their citizenship documents.
- Photographs:Four (4) passport-sized photographs of each party.
Conclusion
The solemnization of a court marriage in Nepal between a Nepali citizen and a foreign national or between two foreign nationals is legally permissible under Nepalese law. However, such a union is contingent upon strict compliance with the procedural and documentary requirements prescribed by the legal framework.