Divorce of Non Resident Nepali

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Divorce of Non-Resident Nepali(NRN)

Non-Resident Nepali is a citizen of Nepal but residing in a foreign country. Sometimes the Nepali citizen resides and works abroad for such a long time that they obtain the citizenship of that country where they are working and living. Such a Nepali citizen who is Nepali by origin but counted as a foreigner because they have the citizenship of other nations is also called the Non-Resident Nepali. Non-Resident Nepali have multiple options to apply for a divorce in a country other than where they are living. It is because not both the spouses can be residing in the same country. One spouse may be staying in Nepal while the other spouse in a foreign country. Therefore, if you are Non-Resident Nepali and thinking for filing a divorce, then you have to take a decision smartly as in which country you want to apply for the divorce.

Role of the divorce lawyers for the Strategic Divorce Planning for Non-Resident Nepali (NRN)

There are many things to consider when you are Non-Resident Nepali and want to divorce your spouse. It is easy to divorce in Nepal while living in Nepal, but divorcing in Nepal while living abroad can cause much hassle and create many property issues. So Non-Resident Nepali (NRN) has to do a lot of strategic planning before divorcing your spouse. Here are some strategy that you as Non-Resident Nepali should follow if you want to file for a divorce:

Evaluate the property first

Divorce lawyers should analyse whether it is easier and beneficial for a Non-Resident Nepali (NRN) to file a divorce case in the country where they are living or in Nepal. In Nepal, Section 706 of the National Civil Code 2017 has recognized and authorized the divorce made in a foreign country. But the property owned by Non-Resident Nepali in Nepal shall be divided as per section 707 of the National Civil Code 2017. Therefore, it is better for Non-Resident Nepali to get a divorce in Nepal. However, if there are certain conditions where Non-Resident Nepali can’t come to Nepal for the legal proceeding in Nepal. Then he can issue the power of attorney through the embassy to the person in Nepal he trusts and who can represent him in the legal proceedings in Nepal.

Consider Client interests and Goals

Divorce lawyers must be sensitive and farsighted on the client’s needs and desires on the divorce cases. The Divorce lawyers should pay the wholehearted attention to the benefits of his client. A good divorce lawyer should make a strategic plan on how to represent his client in Nepal. However, if the client insists on filing for divorce in the country where he is residing, then it is also the duty of the divorce lawyer to respect his desire. He should then make a detail analysis of the case and what could be the proceedings aboard. He should also advise the client how the property would be shared in Nepal and how to hold on the property to prevent its selling before the divorce proceeding.

Focus on the rules and regulations of both Nepal and the other country where the applicant of divorce is residing

If the client is a Non-Resident Nepali (NRN) and staying in a foreign country including the USA, then a divorce lawyer should analyse the rules and regulations of both the countries that are of Nepal and the country where his client is residing. The divorce lawyer should focus on each and every component of divorce such as property, maintenance, alimony, and child custody of Non-Resident Nepali (NRN). A divorce lawyer should have a sound knowledge of every component of the provisions and procedures related to the divorce of the respective country. Different countries have different rules in a divorce case, including all financial, property share, and child custody issues.  

Find out the ground for divorce

If a Non-Resident Nepali is seeking to file for a divorce, then a good divorce lawyer should establish the proper ground for divorce that is acceptable in the court. Each country has a separate ground for divorce. therefore, a divorce lawyer should establish the ground for divorce that is favourable for his client. The divorce lawyer should also seek that the client presents to him and he should make the detailed analysis of the evidences that have been presented by his client. the divorce lawyer should examine if the evidences are reliable, authentic, and acceptable by the court.

Maintenance cost for the spouse

If the Non-Resident Nepali is filing for a divorce in Nepal, then it should also be considered that the Non-Resident Nepali may have to pay for the maintenance cost as well till the final settlement of divorce. Therefore, a divorce lawyer should analyse properly what the legal rules are for the maintenance cost. If the Non-Resident Nepali is the one who is asking for the maintenance cost, then also a divorce lawyer should be able to evaluate the income of the other spouse and make such arrangements that the other spouse would pay for the maintenance cost.  All in all, a good divorce lawyer should work for the benefits of his client.

Speedy finalization of the divorce process

If the Non-Resident Nepali is filing for divorce in Nepal, then the divorce lawyer should explain properly the process and the duration of the legal process of divorce in Nepal. A divorce lawyer should explain properly that divorce under mutual consent can be settled within two days in Nepal. However, if there are conflicts and disputes and involvement of children and property, then the finalization of the divorce may take more than a year. Therefore, a good divorce lawyer should advise well to his client which way to take for the quick settlement and shortening of the divorce process.

Conclusion

Divorce Nepal team helps the Divorce of Non-Resident Nepali (NRN) and resolve their legal issues within and outside Nepal. Our team consists of efficient law practitioners with more than 30 years of experience who can suggest clients in the right direction to resolve their legal problems quickly and efficiently without coming to Nepal.