Online Divorce Process in Nepal

Online divorce in Nepal is the legal dissolution of a marriage between a husband and wife without being present in Nepal. Online divorce process is initiated through the Authorized Power of Attorney (Adhikrit Waresnama) authenticated from Embassy of Nepal in Abroad.

The process of online divorce can be started with the selection and consultation with legal representatives, drafting of Power of Attorney (POA) and verification from the Embassy of Nepal in the concerned country of residence, and registration of divorce petition at the concerned District Court in Nepal.

If both the husband and wife so desire, they may divorce the relationship of husband and wife at any time.

Types of Divorce in Nepal

Divorce in Nepal is categorized into;

1. Mutual Consent Divorce
2. Divorce by Court Decision.

1. Mutual Consent Divorce in Nepal

A divorce by mutual consent is a legal process that allows a couple to end their matrimonial relationship by mutual consent and agreement. It is also known as an  amicable divorce in Nepal. In mutual consent divorce husband and wife will settle matter of divorce and other issues such as property distribution, child custody and support by themselves through mutual agreement.

2. Divorce by Court Decision in Nepal

A divorce by court decision is the dissolution of marriage through legal proceedings, after considering evidence and arguments presented by both parties. If parties do not have mutual consent and agreement regarding divorce, distribution of property, child custody, and monthly alimony are also sorted out through the decision of a Judge.

Grounds for divorce in Nepal

As per Nepalese Law husband and wife both have following legal grounds underwhich they can file petition for divorce even without the consent of each other.

1. Legal grounds for Divorce for Husband in Nepal:

• If the wife has been living separately for three or more than three consecutive years without the consent of the husband
• If the wife deprives the husband of the maintenance costs or expelled him from the house
• If the wife commits the act or conspiracy likely to cause the grievous hurt or severe physical or mental pain to the husband.
• If the wife is proved to have made sexual relation with another man.

2. Legal grounds for Divorce for Wife in Nepal:

• If the husband has been living separately for more than three consecutive years without the consent of the wife
• If the husband deprives the wife of the maintenance costs or expels her from the house
• If the husband commits the act or conspiracy likely to cause grievous hurt or severe physical or mental pain to the wife.
• If husband has married another women (Bigamy)
• If the husband is proved to have made sexual relation with another women.
• If the husband is proved to have raped his wife.

Online Divorce Process in Nepal

If both husband and/or wife are residing outside the Nepal and were unable to be present before the concerned court of Nepal, they can proceed for online divorce in Nepal by providing POA. Online divorce process can be started by drafting of POA, verification of POA from Embassy of Nepal in the concerned country of residing, then drafting and filing of divorce petition.

A. Divorce by Mutual Consent in Nepal if Both Parties are in Foreign Country

1. Drafting of Authorized Power of Attorney (For one party).

If husband and/or wife want to proceed for mutual consent divorce without being present before the concerned court of Nepal, process shall begin with drafting a Power of Attorney (POA) for the party who is going to file divorce petition. The draft of POA shall be sent through online to the party for review and after the party has given confirmation regarding POA then the POA and other related document shall be sent to the concerned party through courier.

2. Verification of Authorized Power of Attorney (Adhikrit Waresnama)

After the party received the document, they shall book an appointment of Embassy of Nepal in their country of residence for the verification of the POA. After the verification of POA is done, party shall courier back the document to Nepal.

3. Drafting and filing of divorce petition.

After the POA has been received, drafting of divorce petition shall be done and thedrafted petition shall be sent to the party through online for review. After the party has given confirmation the petition shall be filed in concerned district court by Authorized Power of Attorney Holder. (Adhikrit Wares),

4. Drafting of Authorized Power of Attorney (For another party).

After the filing of petition, POA for another party shall be drafted and the draft of POA shall be sent through online to another party for review and after the party has given confirmation regarding POA then the POA and other related document shall be sent to the concerned party through courier.

5. Verification of Authorized Power of Attorney (From the Embassy of Nepal in the country of residence).

After another party received the document, they shall book an appointment of Embassy of Nepal in their country of residence for the verification of the POA. After the verification of POA is done, party shall courier back the document to Nepal.

6. Drafting and filing of reply.

After the POA has been received, response letter for the petition shall be drafted and send that drafted response letter to the party through online for the review, after the conformation is given by the party the response letter shall be filed by Authorized Power of Attorney Holder. (Adhikrit Wares)

7. Enter into a mutual agreement for divorce.

Along with the response letter, application for mutual agreement divorce and settlement agreement shall be submitted in court, after those documents were reviewed and confirmed by both parties. Then the authorized persons will be presented before Judge with all the documents and original citizenship of both authorized person. Then if the judge finds it appropriate then the divorce will be granted.

B. Divorce by Mutual Consent in Nepal if Petitioner/Applicant is in Foreign Country

1. Drafting of Authorized Power of Attorney for petitioner.
3. Verification of Authorized Power of Attorney from the Embassy of Nepal in the petitioner's country of residence
4. Drafting and filing of divorce petition.
5. Drafting and filing of response letter.
6. Enter into a mutual agreement for divorce.

C. Divorce by Mutual Consent in Nepal if Defendant is in Foreign Country

1. Drafting and filing of divorce petition by petitioner/applicant.
2. Drafting of Authorized Power of Attorney for defendant.
3. Verification of Authorized Power of Attorney from the Embassy of Nepal in the defendant's country of residence
4. Drafting and filing of reply
5. Enter into a mutual agreement for divorce.

D. Divorce by Court Decision through Regular Court Procedure in Nepal

1. Legal Consultation:

Either husband or wife whoever desire to file for divorce can take a legal consultation regarding divorce proceeding and other matters like property, child custody and so on.

2. Drafting of Authorized Power of Attorney:

After consultation, to file divorce petition, Power of Attorney (POA) shall be drafted for the party who is going to file divorce petition. After that the POA and other related document shall be sent to the concerned party through courier.

3. Verification of Authorized Power of Attorney from the Embassy of Nepal in the petitioner's country of residenceL

After the party received the document, they shall book an appointment of Embassy of Nepal in their country of residence for the verification of the POA. After the verification of POA is done, party shall courier back the document to Nepal.

4. Drafting and filing of divorce petition:

After the POA has been received, drafting of divorce petition shall be done petition shall be filed in concerned district court by Authorized Power of Attorney Holder. (Adhikrit Wares)

5. Notice to be given to another party:

After the petition is filed, the court gives notice of the petition to other party and summon him/her to the court with response of petition.

6. Reply from the other party:

After getting the notice of petition, the other party shall submit response letter by providing POA or by himself /herself.

7. Process of Mediation:

After the submission of response letter, the court shall send both parties for the purpose of mediation to convince both parties and conciliate the dispute between the husband and wife. If both parties have given Authorized POA then both parties shall be represented by their authorized person. And if the mediation fails, then the court initiate further proceeding like: Collection of evidence, witness examination and if the wife have claimed property from the husband then the court will also ask for the details of the property to be partitioned.

8. Final decision:

If the dispute between parties did not resolved through mediation then the court will give final verdict on divorce after examining the overall documents and witnesses, evidence presented by the parties, and so on.

9. Divorce Certificate:

The decision of divorce, either done by mutual consent or by court order, needs to be registered in the concerned ward office and the concerned ward office will issue divorce certificate.

Required Documents for Filing a Divorce in Nepal:

1. Copy of the citizenship
2. Copy of the passport (If the party is foreigner)
3. Copy of marriage registration certificate (If not available, then any other proof of marriage)
4. Child birth certificate (If having any child)
5. Passport size photos
6. Temporary residence document from ward office (If case is being filed in the District Court of temporarily residing district)
7. Authorized Power of Attorney (POA)
8. Copy of citizenship of the person taking POA.
9. Any other documents or proof that can prove the claim in petition.