This article provides a detailed overview of the legal process for registering a court marriage in Nepal. Both Nepali citizens whether residing in Nepal or abroad as well as foreign nationals, are eligible to perform court marriage in Nepal.
Under current Nepali law, a marriage registration certificate can be obtained in one of the following ways:
a. By registering the marriage through the court, commonly known as “Court Marriage”;
b. By obtaining the certificate from the local government (ward office) after the marriage is conducted through traditional social or religious ceremonies. This article specifically focuses on the court marriage process in Nepal, also referred to as “paper marriage” in some contexts.
Court Marriage Laws in Nepal: An overview
The legal foundation for court marriage in Nepal is established by the National Civil Code Act, 2074 which came into effect in 2018. This Act outlines the legal requirements, procedures, and conditions under which individuals can enter into a legally recognized marriage through the court system. It applies equally to Nepali citizens and, in certain cases, to foreign nationals wishing to marry in Nepal. The NCC ensures that court marriages are conducted in accordance with national laws, protecting the rights and responsibilities of both parties involved.
Legal Eligibility Requirements for Court Marriage in Nepal
| Legal Requirement | Description |
| Single Status | Both individuals must be unmarried. If previously married, they must be legally divorced or widowed to hold a single legal status. |
| Minimum Age Requirement | Both parties must be at least 20 years old to be legally eligible for court marriage in Nepal. |
| Mutual Consent | Marriage must be based on free will. Both individuals must willingly agree to the union without any force, pressure, or coercion. |
Court Marriage Between Nepali Citizens: Legal Process Explained
Note:
a. The Single Status Certificate is a letter of recommendation from the ward office, based on the individual’s citizenship. It confirms that the person is either unmarried or legally divorced. Applicants must generally submit their court marriage application within 30 days from the date of receiving this certificate.
b. The application for court marriage can be filed at any of the 77 districts in Nepal, depending on the applicant’s residence or convenience.
c. Both parties must be physically present at the court for the registration process.
d. On the day the marriage certificate is issued, witnesses for both individuals must also be physically present.
Required Documents for Court Marriage Registration for Nepalese Couples
Duration of Court Marriage Registration Process in Nepal:Your Attractive
The court marriage registration process in Nepal typically takes 2 to 3 working days to complete.
Special Documentation Requirements for Court Marriage with a Foreign National.
The standard court marriage registration process in Nepal also applies when one of the individuals is a foreign national. However, foreign citizens are required to meet additional documentation and residency requirements. They must stay in Nepal for a minimum of 15 consecutive days before applying for court marriage.
Additional Required Documents:
1.A Single Status Certificate issued by the foreign citizen’s embassy located in Nepal.
2.If the embassy is not present in Nepal
• A Single Status Certificate issued by a government authority from the foreign citizen’s home country.
• The document must be in English, notarized, and legalized according to the laws of that country.
3.After completing 15 days of stay in Nepal, the foreign national must obtain a Temporary Residence Certificate from the ward office of the district where the marriage application will be submitted.
4.A translated and notarized copy of the marriage laws of the foreign citizen’s home country must also be submitted.
Note: A 15-day minimum stay in Nepal is mandatory for foreign citizens. This stay forms the legal basis for issuing the Temporary Residence Certificate required for court marriage registration.
Processing Time for Court Marriage Involving a Foreign National
The following timeline should be followed if a foreign citizen wants to proceed with court marriage in Nepal.
- Staying in Nepal for at least 15 days is mandatory to apply for court marriage registration.
- Once you have stayed in Nepal for 15 days, you need one more day to obtain the temporary residence letter from the ward office.
- The court proceedings will take an additional 2 to 3 days after obtaining the temporary residency letter.
Approximate Government Charges for Court Marriage in Nepal
Below is a summary of the estimated government fees involved in the court marriage process:
Single Status Certificate (from Ward Office):
The fee for obtaining a single status certificate is determined by the local municipality. Charges vary based on the municipality’s annual budget and may be revised each fiscal year.
- Temporary Residence Certificate:
- For Nepali citizens: NPR 2,000
- For foreign nationals: NPR 10,000
Court Registration Fee:A standard fee of NPR 500 is charged by the District Court for marriage registration.
Court Marriage Certificate: Notarization Process Explained
To use a court marriage certificate internationally, it must go through a formal authentication process. First, the certificate should be notarized by the Department of National Personal Record (Rastriya Kitabkhana). Following notarization, it must be attested by the Ministry of Foreign Affairs of Nepal. Completing both steps ensures that the certificate is legally valid and recognized for official use in foreign countries.
Eligibility for Remarriage in Nepal
In Nepal, an individual is allowed to remarry under specific conditions as outlined by law. These include:
- the legal termination of the marriage through divorce
- the death of a spouse,
- a formal separation following a lawful partition in accordance with legal provisions. In any of these scenarios, the individual is considered eligible for remarriage.