Court Marriage in Nepal: New Marriage Registration Process

Court marriage in Nepal offers a simple, legally recognized way for couples to officially tie the knot. This process, regulated by the National Civil Code of 2017, skips traditional religious ceremonies and goes straight to the legal side of things. It's an excellent option for those who want to formalize their union through a civil procedure.

Legal Framework

Under the National Civil Code (2017), marriage is defined as a permanent, binding social and legal commitment between a man and a woman, based on mutual consent. This bond is meant to begin their family life together. According to Section 67, if a couple agrees to be married, whether through a ceremony or any formal act, they are considered legally married in the eyes of the law.

Eligibility Criteria:

According to Section 70 of the National Civil Code, a marriage may be concluded between a man and a woman under the following conditions:

1. Mutual Consent: Both must freely agree to the marriage
2. Age Requirement: Both parties must be at least 20 years old.
3. Marital Status: Neither partner can be currently married. They must be single, divorced, or widowed.
4. No Prohibited Relationships: The two should not be close relatives as per Nepalese law.

Required Documentation

The essential documents can vary depending on whether both partners are Nepali or if one is a foreigner.

For Both Nepali Citizens:

1. Application Form: A signed, completed application form.
2. Citizenship Certificates: Both parties must provide original and notarized copies of their citizenship.
3. Single Status Certificates: A letter from your local ward office confirming that both parties are unmarried.
4. Witnesses' Citizenship: Two witnesses (one from each side) must show their original, notarized citizenship certificates.
5. Temporary Residence Certificate: If applying in a district other than your home, you'll need proof of temporary residence.
6. Photographs: Four passport-sized photos of each applicant.

For a Nepali and a Foreigner:

1. All documents listed above for the Nepali citizen.
2. Foreigner's Passport and Visa: Original and notarized.
3. No Objection Letter: A letter from the foreigner’s embassy in Nepal confirming that they have no objections to the marriage.
4. Marriage Laws of the Foreigner’s Country: A notarized translation of the foreigner’s home country marriage laws into Nepali.
5. Proof of Residence: Evidence that the foreigner has been living in Nepal for at least 15 days.

Process of Court Marriage in Nepal

The process consists of the following steps:

Step-1: Submit the Application:

Both individuals need to fill out and submit a signed application to the district court along with the necessary documents.

Step-2: Court Verification:

Once the court receives your application, it will verify the documents. If everything checks out, they’ll schedule a date for the marriage hearing.

Step-3: Court Appearance:

On the appointed day, both partners and their witnesses will appear before the court. This is where the couple officially declares their intent to marry.

Step-4: Marriage Certificate

If all goes smoothly, the court will register the marriage and issue an official certificate, which serves as legal proof of your marriage. 

Additional Considerations:

1. For Foreign Nationals: If you're a foreigner, make sure you've been in Nepal for at least 15 days before applying. Your local ward office needs to verify this.
2. Witnesses: Two witnesses, each with valid Nepalese citizenship, must attend the proceedings and present their own notarized citizenship certificates.
3. Document Validity: Ensure your documents are up-to-date. Most documents should be issued within 30 days of your application date.

Legal Implications

Once you're legally married, you gain all the rights and responsibilities of marriage under Nepalese law. This includes things like property rights, inheritance, and making important decisions together. It’s important to fully understand these rights and follow all the necessary steps to make sure your marriage is recognized.

Conclusion

In short, court marriage in Nepal is a great way to register your union without the need for religious ceremonies formally. By following the outlined procedures and gathering the required documents, couples can ensure that their marriage is recognized under Nepalese law, giving them the full set of legal rights and protections that come with it.