Legal Divorce in Nepal When One or Both Spouses Are living in Abroad:
A Nepali citizen residing abroad may initiate divorce proceedings in Nepal by executing a Special Power of Attorney (Adhikrit Wareshnama), duly attested and authenticated by the Nepali Embassy or Consulate in the country of residence, in accordance with the prevailing laws of Nepal. This article explains the full process of getting a divorce from another country, including the required documents, step-by-step procedures, and legal aspects. The process follows the Muluki Civil Code 2074 of Nepal.
Even if both husband and wife are living in a foreign country, they can still get a divorce in Nepal by giving Special Power of Attorney ( Adhikrit Wareshnama) to someone they trust in Nepal. The concerned party residing abroad must duly prepare an Adhikrit Wareshnama and have it signed, attested, and authenticated by the Nepali Embassy or Consulate in their country of residence. The designated attorney in Nepal may then represent them in court and initiate divorce proceedings on their behalf. In cases where one spouse resides abroad and the other remains in Nepal, the divorce process may still be carried out through the same legal mechanism. The spouse residing abroad is required to send an Adhikrit Wareshnama in Nepal.. This procedure enables Nepali citizens to lawfully obtain a divorce in Nepal without the necessity of physical presence in the country..
If you are a Nepali citizen residing abroad and wish to file for divorce in Nepal, certain documents are mandatory to initiate and complete the legal process. Below is a detailed explanation of each required documen
1. Citizenship Certificate (नागरिकता प्रमाणपत्र)
A copy of your Nepali citizenshipis essential to prove your identity and nationality. This is a key document for all legal proceedings in Nepal.
- The copy must be clear and legible
- Both sides (front and back) of the certificate should be included
- If your representative is filing the case, their citizenship may also be needed
2. Power of Attorney (अधिकृत वारेसनामा)
A properly drafted and legally verified Special Power of Attorney (SPoA) is required if you are abroad and unable to appear in court personally.
- The SPoA should be prepared by a lawyer in Nepal
- It must be sent to you abroad, where you will sign and verify it at the Nepali Embassy or Consulate
- The verified SPoA must then be returned to Nepal to allow your appointed person to act on your behalf in the divorce proceedings
3. Marriage Certificate or Marriage-Related Evidence (विवाह प्रमाणपत्र वा विवाह सम्बन्धी प्रमाणहरू)
You must provide proof of your marriage. This can include:
- A copy of your official marriage registration certificate, if available
- If the certificate is not available, marriage photos or other related evidence (such as wedding invitation cards, photos and other too) may be submitted to support the existence of the marital relationship
- These documents help the court verify that a valid marriage took place
4. Passport-Sized Photographs
Recent passport-size photos of both parties (at least of the both spouse) are usually required for identification and court records.
- The photo must be clear and recent,
Special Power of Attorney ( Adhikrit Wareshnama)
A Nepali citizen residing abroad may confer legal authority upon an individual in Nepal by executing a Special Power of Attorney for matters such as property transactions, legal proceedings, or other authorized legal acts. To ensure its legal validity, the Special Power of Attorney ( Adhikrit Wareshnama) must be duly attested, verified, and certified by the Nepali Embassy or Consulate in the country of residence, in accordance with the applicable laws of Nepal.
Section 153 of Muluki Civl Code 2074, provides that any person can appoint another person as their Waris (legal representative) through an official authorization letter. This legal representative can carry out various legal tasks on behalf of the appointing person, including:
- Filing or defending a lawsuit,
- Submitting written replies in legal matters,
- Withdrawing complaints or claims,
- Entering into settlements,
- Performing any legal act necessary in court proceedings.
If a person wishes to appoint a legal representative without reference to a specific ongoing case, certain procedures must be followed:
- The authorization must be executed in front of a District Court Judge (if the person is in Nepal), or
- In front of a Nepali embassy, Consul General, (if the person is living abroad).
This ensures the authenticity and legal validity of the authorization.
Certification Fee: To complete the certification of the authorization name, a fixed fee of NPR 500 must be paid. This fee is applicable regardless of whether the authorization is made in Nepal or abroad.
Power of Attorney Process for Nepali Citizens Inside and Outside Nepal
For individuals residing in Nepal, the Power of Attorney can be prepared and registered directly at the concerned District court. This document legally allows someone else to act on their behalf for specific matters, such as legal proceedings or property transactions.
The following documents are required to give power of attorney:
For Nepali citizens residing abroad, the procedure entails certain additional formalities. A reliable individual residing in Nepal such as a relative, friend or lawyer may be appointed to act on their behalf. With the assistance of a Lawyer in Nepal, a Special Power of Attorney (Adhikrit Wareshnama) is prepared and forwarded to the concerned individual overseas. Upon receipt, the individual must appear before the Nepali Embassy or Consulate in their country of residence to execute and verify the document. Once duly attested and certified by the Nepali Embassy or Consulate, the Special Power of Attorney ( Adhikrit Wareshnama) attains legal validity and is enforceable for use within the jurisdiction of Nepal.
Process of Divorce through Power of Attorney from Abroad
For Nepali citizens living abroad, filing for divorce in Nepal is possible through a legal process using a Power of Attorney (PoA). The following is a step-by-step explanation of how the process works: Step-by-Step Guideline…
1. Preparation of Special Power of Attorney (Adhikrit Wareshnama) in Nepal
The first step is to hire a licensed advocate in Nepal. The lawyer will prepare a Spceail Power of Attorney document that authorizes a trusted person such as a family member, friend, or legal representative, in Nepal to act on your behalf in divorce proceedings.
This document clearly mentions the powers being granted, including the authority to file for divorce, attend court hearings, and handle related legal formalities.
2. Sending the Document to the Person Abroad
Once the Power of Attorney is drafted, the lawyer or your representative will send the original document to your current address abroad via courier or postal service.
3. Verification at the Nepali Embassy or Consulate
After receiving the document, you must personally visit the Embassy or Consulate of Nepal in your country. There, you will:
- Sign the Special Power of Attorney in front of embassy officials
- Submit required identification (such as your Nepali citizenship certificate and passport)
- Get the document verified and certified by the embassy
This certification confirms that the document is genuine and has been signed voluntarily by you.
4. Sending the Verified Document Back to Nepal
Once the embassy has completed the verification, you must send the certified Power of Attorney back to Nepal. It should be sent to either your lawyer or the person you’ve appointed as your representative.
5. Initiating Divorce Proceedings in Nepal
After the verified document is received in Nepal, your appointed representative usually through the lawyer will file a divorce petition at the appropriate District Court.
The court will review the documents and proceed according to Nepali law. If all requirements are met, and there is no legal objection, the court will grant the divorce.
Important Notes:
- The process follows the provisions of the Muluki Civil Code 2074.
- All documents, including the Power of Attorney, must be clear, complete, and legally valid.
- The appointed representative must be trustworthy, as they will be representing you in a legal matter.