FAQ Guide on the Recognition of Foreign Divorce in Nepal

If you got married in Nepal but later divorced in a country like the USA, Canada, Australia, or somewhere else abroad. Now you’re asking yourself will Nepal recognize that divorce? Can you get remarried or change your marital status here without any problems?

Yes, Nepal does recognize foreign divorces. However, it’s not just a matter of showing your divorce documents from another country. You’ll need to follow certain legal procedures in Nepal to have the divorce officially accepted. Whether you want to remarry, settle property matters, or decide on child custody, properly recognizing your foreign divorce is key to protecting your rights and moving forward smoothly.

According to national civil code 2074 of Nepal, family law practice, in the Recognition of Foreign divorce cases all over the world. The following FAQ addresses common questions from both foreigners and Nepalese individuals in these situations:

From Nepalese who’ve married Nepalese and want to know if Recognition of Foreign Divorce is applicable to them

From Nepalese who have married foreigners and are looking to remarry or immigrate

Can you divorce in another country and have it recognized in Nepal if you are both Nepalese?

Yes, if a Nepali citizen gets divorced in another country, Nepalese law accepts that divorce. According to Article 706 of the Civil Code 2017, a divorce done legally in another country is valid in Nepal.
However, when it comes to dividing property in Nepal, even if the people involved live abroad (like Non-Resident Nepalis or NRNs), Nepal’s laws will apply. This means any property in Nepal will be divided based on Nepalese law.

Can you get divorced in another country and have it recognized in Nepal if you are two dual citizens?

Nepal does not allow dual citizenship, but it provides Non-Resident Nepali (NRN) citizenship for people of Nepali origin living abroad. This lets them keep a legal connection to Nepal while holding foreign citizenship. However, NRN citizenship comes with limited rights it does not include key privileges like voting or holding public office.

If two Nepalese divorces abroad and then either of them becomes a foreign citizen afterwards, can that divorce be recognized in Nepal?

Yes, if two Nepali citizens get divorced in another country, Nepal can recognize that divorce even if one of them later becomes a citizen of another country. But for Nepal to accept the foreign divorce, it must meet certain conditions set by Nepalese law. Most importantly, the divorce must be final and legally valid in the country where it was issued.
example: Two Nepali citizens living in Canada get divorced through a Canadian court. Later, one of them becomes a Canadian citizen. Nepal can still recognize the divorce, as long as the Canadian court’s decision is final and legally valid.

Can I get divorced in another country and have it recognized in Nepal, if I have become a foreign citizen and I am no longer a Nepalese at the time of the divorce?

Yes, it can. If one of the parties is a foreigner at the time of their divorce, then that foreign divorce can be recognized in Nepal.
Let’s do an example. If you married in Nepal but divorced in Australia after one of you became an Australian citizen, this divorce can be recognized. Again, what is important for this case is citizenship at the time of divorce

If I simply report my foreign divorce to the embassy, is my divorce automatically recognized in Nepal?

No, it requires a court process. Your divorce being reported to the embassy simply informs the embassy that you were divorced abroad. This does not change your civil status in the Nepal civil register which still reflects your marriage. You will still need to file for recognition of foreign divorce in court.

If I authenticate and submit a divorce to the local municipality or other government agency, is my divorce automatically recognized by Nepal?

No, just submitting a certified divorce paper from a foreign country is not enough. It must be verified and authenticated by the Nepali Embassy in that country to be considered valid divorce. Later on the concern Municipality shall issue the Divorce Certificate on the verification of document by Nepali Embassy.

I am a Nepalese. Can I file for divorce from my foreign spouse?

Yes, you can file for divorce even if your spouse is living in another country. You can submit a divorce petition in district court of Nepal and Special Power of Attorney ( Adhikirit Wareshnama ) is required and this is verified and authenticated by the Nepali embassy in the foreign country where your spouse lives.
Similarly, if the foreign spouse is abroad, they can also file for divorce in Nepal by providing a Special power of attorney through the Nepalese embassy. This process allows both parties to handle divorce matters legally, even from different countries.

Can I file a case for recognition of foreign divorce even if I live outside Nepal?

Yes, you can. Even if you live abroad, you can apply for the recognition of your foreign divorce in Nepal. You may authorize someone in Nepal to represent you by granting a Special power of attorney ( Adhikrit Waresnama) through the Nepalese embassy in your country of residence. This authorized person can handle the court proceedings on your behalf, so you do not need to be physically present in Nepal.

Will my single status will be occurec automatically after the issuance of the court decision granting recognition of foreign divorce?

No, your single status won’t automatically change to “single” just because a court has recognized your foreign divorce. You still need to register the court’s decision with your local municipality to do this, you must submit to the Local Registrar’s Office (LRO) where your marriage was originally registered.

If I am a Nepalese who divorced abroad and now lives in Nepal, are my foreign divorce papers enough to prove that I am single for immigration purposes ?

Yes, in most of the situations, foreign divorce documents can be used to show that you are single for immigration purposes.

If I am a Nepalese who divorced and now lives abroad, are my divorce papers enough to prove that I am single for immigration purposes ?

iI depends on the countries involved. There are some instances where you will still need Nepal recognition of foreign divorce in order to immigrate overseas or the foreign divorce must have been obtained in accordance with the laws of that country where it was granted.

Can a foreigner file the recognition of foreign divorce case in Nepal?

Yes, Nepalese Existing Law has affirmed a foreigner’s right to file such a case in the Nepal.

Does a foreigner need to register his foreign divorce from his previous Nepalese spouse and have it recognized here for him to remarry in the Nepal?

Yes, a foreigner would need to do this if he wants to get remarried inside the country and a Certificate of No Marriage is required of him despite being a foreigner. It is also required to obtain a No Objection Letter from the Nepalese Embassy in that country as part of the documentation process.”

What happens to Nepal property and custody after the recognition of foreign Divorce?

In Nepal, foreign divorce decrees can be recognized under Article 706 of the National Civil Code 2074. However, matters related to property division and child custody are handled according to Nepalese law, regardless of the foreign divorce. When it comes to custody, the Nepali court will make decisions based on the best interests of the child.