NRN Divorce Process in Nepal

Non-Resident Nepalis (NRNs) seeking divorce in Nepal must fulfill the stated legal process, documents and requirements. This article provides an overview of the divorce process for NRNs in Nepal, including eligibility, types of divorce, procedures, and key considerations.

Can NRN Divorce in Nepal?

Yes, Non-Resident Nepalis can obtain a divorce in Nepal under certain conditions. The National Civil (Code) Act, 2074 (2017) governs divorce proceedings in Nepal, including those involving NRNs. However, the applicability of Nepalese divorce laws depends on factors such as the place of marriage registration and the citizenship status of the parties involved.

Requirements for NRN to Divorce in Nepal

For an NRN to initiate divorce proceedings in Nepal, the following requirements typically apply:

1. At least one spouse must have a connection to Nepal, such as Nepali citizenship or NRN status.
2. The marriage should have been registered in Nepal or recognized under Nepalese law.
3. The petitioner must meet the grounds for divorce as specified in Nepalese law.
4. Proper jurisdiction must be established in a Nepalese court.

Where does Divorce happen for NRNs?

The location where NRNs can file for divorce depends on several factors:

1. If the marriage was registered in Nepal, the divorce proceedings can generally be initiated in the district court where the registration took place.
2. For marriages registered abroad, NRNs may file for divorce in the district court of their last place of residence in Nepal.
3. In some cases, divorce proceedings may be conducted through Nepalese embassies or consulates abroad, subject to specific agreements and procedures.

Types of Divorce for NRNs in Nepal

NRNs seeking divorce in Nepal have two primary options:

1. Mutual Consent Divorce
2. Non-Mutual Consent Divorce (Contested Divorce)

Mutual Consent Divorce

Mutual consent divorce is a relatively straightforward process when both spouses agree to end their marriage amicably. This type of divorce is generally faster and less complicated than contested divorces.

Process of Mutual Consent Divorce

The process for obtaining a mutual consent divorce in Nepal typically involves the following steps:

Step 1: File Joint Petition

Both spouses must file a joint petition for divorce in the appropriate district court. The petition should clearly state their mutual agreement to dissolve the marriage.

Step 2: Appear Before the Court

The couple must appear before the court on the designated date to confirm their intention to divorce.

Step 3: Cooling-Off Period

The court may impose a cooling-off period of up to 6 months to allow the couple to reconsider their decision.

Step 4: Final Hearing

After the cooling-off period, if both parties still wish to proceed with the divorce, a final hearing is conducted.

Step 5: Divorce Decree

If the court is satisfied that both parties are divorcing voluntarily, it will issue a divorce decree, legally ending the marriage.

Documents for Mutual Consent Divorce

For a mutual consent divorce, NRNs typically need to provide:

1. Joint divorce petition
2. Marriage certificate
3. Proof of NRN status or Nepali citizenship
4. Identification documents
5. Recent photographs
6. Any agreements regarding property division or child custody (if applicable)

Time Taken & Cost

A mutual consent divorce for NRNs in Nepal generally takes 2-5 days to complete once all requirements are met. The cost varies depending on court fees and legal representation but is typically lower than contested divorces.

Also Read: Non-Resident Nepali NRN Laws in Nepal

Non-Mutual Consent Divorce

When spouses do not agree to divorce or cannot reach an agreement on terms, a non-mutual consent or contested divorce may be necessary.

Who can start Non-Mutual Consent Divorce in Nepal?

Either spouse can initiate a non-mutual consent divorce in Nepal, provided they meet the legal grounds for divorce and have proper jurisdiction.

What is the Law of Non-Mutual Consent Divorce?

The National Civil (Code) Act, 2074 (2017) outlines the grounds for divorce in Nepal. These include:

1. Living separately for three or more consecutive years without consent
2. Deprivation of maintenance or expulsion from the home
3. Acts causing severe physical or mental harm
4. Adultery
5. For wives: if the husband has committed rape or entered into another marriage

Process of Non-Mutual Consent Divorce

The process for a non-mutual consent divorce in Nepal typically involves the following steps:

Step 1: File Divorce Petition

The petitioner files a divorce petition in the appropriate district court, stating the grounds for divorce.

Step 2: Serve Notice

The court serves notice to the respondent spouse, informing them of the divorce proceedings.

Step 3: Response Filing

The respondent has the opportunity to file a response to the divorce petition.

Step 4: Mediation Attempts

The court may attempt to reconcile the couple through mediation for up to one year.

Step 5: Evidence Presentation

If reconciliation fails, both parties present evidence and arguments to support their case.

Step 6: Court Decision

After considering all evidence and arguments, the court issues a decision granting or denying the divorce.

Documents Required Non-Mutual Consent Divorce

For a non-mutual consent divorce, NRNs typically need to provide:

1. Divorce petition
2. Marriage certificate
3. Proof of NRN status or Nepali citizenship
4. Identification documents
5. Evidence supporting the grounds for divorce
6. Any relevant financial or property documents

Time Taken & Cost

Non-mutual consent divorces for NRNs in Nepal can take 12-18 months or longer to complete, depending on the complexity of the case and court backlog. The cost is generally higher than mutual consent divorces due to extended legal proceedings.

NRN Divorce Lawyer in Nepal

NRNs seeking divorce in Nepal are advised to consult with a qualified divorce lawyer experienced in handling cases involving non-resident individuals.

1. Provide guidance on Nepalese divorce laws and procedures
2. Assist in filing the necessary documents
3. Represent the client’s interests in court
4. Navigate complex issues such as property division and child custody
5. Ensure compliance with legal requirements for NRNs

Conclusion

The divorce process for Non-Resident Nepalis in Nepal involves specific legal procedures and considerations. Whether opting for a mutual consent or contested divorce, NRNs must adhere to Nepalese laws and court procedures.

Contact NRN Lawyer in Nepal

Disclaimer: This material is presented solely for informational purposes, without constituting legal advice, counsel, or solicitation, and no liability shall arise from any actions, omissions, or reliance on its contents, directly or indirectly, in any manner whatsoever, irrespective of the jurisdiction or specific circumstances.