This post is also available in: नेपाली
Divorce of Nepali resident in a foreign country or international divorce
International divorce is on the rise in the recent circumstances. International divorce can come from different circumstances and entails the need to be advised by a specialist to know in which country the divorce should be considered. We are talking about international divorce, for example, when the marriage has taken place in a certain country, but when you want to divorce, you reside in a different country. Another example of international divorce is one in which both or one of the spouses reside in a country of which they are not a citizen.
Table of contents
- Why file for a divorce in Nepal?
- How a Nepali resident in a foreign country can file for a divorce?
- But first, understand what is power of attorney (POA)?
- Where to apply for making and receiving Power of Attorney(POA)?
- Documents that are required when applying for power of attorney
- How to file for a divorce in Nepal when both the spouses are in foreign countries?
- How to file for a divorce in Nepal if one of the spouses is residing in Nepal and the other is residing in another country.
In an international divorce, if you are a foreign citizen of Nepali origin or if you are Nepali, you have to analyse which country is better for divorce. Non-resident Nepali (NRN) Nepali citizens residing abroad can file for a divorce through an official will in Nepal. If you are a student in the United States of America or in The United Kingdom and you have obtained the citizenship and Permanent Residence of the country. In this case, you can stay abroad and file for a divorce in Nepal. If you simply go to the Nepalese embassy there and make a power of attorney, you can then file for a divorce.
Why file for a divorce in Nepal?
The recent circumstances in Nepal have shown that usually, the husband travel abroad for employment and wife residing in Nepal runs away with another man. While this situation may act in the opposite way as well. The husband may run away with another woman when the wife is in foreign employment. This is just an example. Similar other situations may cause the couple residing in two different countries to file for a divorce. Therefore, it is better that you as a Nepali citizen asks for divorce in Nepal. Divorcing in Nepal can give you the following benefits:
Divorce costs a lot of money in Australia and America. After you file for divorce abroad, the local lawyer charges you a lot of money per minute. It costs a lot of money if you plan to divorce abroad. However, when you divorce in Nepal, it costs a lot less than doing so abroad. Here the lawyer doesn’t charge you per minute. the team of divorcenepal.com can help you file and settle divorce at a lesser cost.
Less time consuming
In a country like the United States, you have to at least reside in the country for six months to take the divorce from there. And it takes more than a year to divorce in America. In Nepal, it takes less time to divorce. If you are taking the mutual consent divorce, then it will not take more than 2 days. If you can’t come to Nepal, then you can send the power of attorney through the embassy to your official heir in Nepal. This way also you can take a divorce in Nepal and it takes less time as well.
Sense of security
You cannot be safe when you divorce in the United States or any other country abroad. Your wife can sue you for property in Nepal. This way you will run out of your money and property both abroad and in Nepal. This can cause you great loss. So it is better if you file a case in Nepal.
Less problematic and lesser complication
You have to face many problems to get a divorce abroad. Once you have filed for divorce, you will need to submit a summons or notice to your spouse. If your spouse is residing in Nepal and you abroad, then it is very difficult to send the notice or summon in Nepal. In this case, it is better to file for divorce in Nepal. It is very easy to send a summon or notice in Nepal.
No language barrier
When you get a divorce abroad, you may face a language problem. Language is of great importance in law. Many of your rights can be lost if you don’t understand any legal words. Therefore, it is better that you take a divorce in Nepal as the language that is used here is your mother tongue so you can understand every legal detail that takes place.
How a Nepali resident in a foreign country can file for a divorce?
If a Nepali citizen resides in any country of the world like the USA, Australia, etc., he/she can file for a divorce in Nepal through power of attorney.
But first, understand what is power of attorney (POA)?
Power of Attorney may be defined as a legal document of authority whereby the individual appoints a person to do and execute the divorce process on his / her behalf. Section 153 of the Civil code of Nepal 2074 has stated that a person residing abroad can issue power of attorney to a person that he trusts in Nepal so that the person or the heir can work on his or her (issuer of the power of attorney) behalf. The heir or the appointed person of the power of attorney can carry out various work in Nepal. Such as claiming or filing plaint paper, file written reply, make the deeds of compromise, withdraw the claim of plaint paper, or perform any legal actions. A power of attorney (POA) is defined as a transfer of authority to a person to participate in a divorce lawsuit on his or her behalf.
Where to apply for making and receiving Power of Attorney(POA)?
If the person who wants to give the power of attorney is living in Nepal, Power of Attorney shall be made in the respective district. But if the person who wants to issue the power of attorney is residing in a foreign country, then you have to make the power of attorney through the respective Nepalese embassy in that country. The Attorney General will then issue the Power of attorney to the applicant.
Documents that are required when applying for power of attorney
To issue the power of attorney to the applicant, the applicant should give his photograph along with the photograph of the person whom you want to give the power of attorney or the person whom you chose to represent you in the divorce proceeding in Nepal. Then you and the receiver of the POA should sign the application along with the thumbprint of both the person. There should also be 2 witnesses present at the time of signing the application for the POA. Other than these you also need the following documents:
- Marriage Certificate
- An application prepared by the Lawyer
- Original Nepalese passport and its copy of the applicant
- Original Nepalese citizenship and its copy of the applicant
- Citizenship and its copy of receiver of the Power of Attorney
- Two recently taken 2 X 2 Photographs of both (applicant and receiver).
- Permanent resident Card (Green Card) or the visa status of an applicant.
How to file for a divorce in Nepal when both the spouses are in foreign countries?
If both husband and wife are residing in a foreign country and want to file for a divorce in Nepal, then both should make the POA. And heir the persons who can represent each of them in Nepal. Divorce Nepal can help you in making the power of attorney. Simply send the email with your photograph, marriage certificate, and scanned copies of citizenship.
How to file for a divorce in Nepal if one of the spouses is residing in Nepal and the other is residing in another country.
If one of the spouses is in Nepal and the other spouse resides in a foreign country, then the spouse residing in a foreign country should make the POA through the embassy. Then he should appoint the person who can represent him in the divorce proceedings in Nepal whereas the spouse in Nepal should be present in every hearing in the court.
The legal proceedings must be initiated in the country where there are the most connections. That is why there is no single legal criterion, but to facilitate the possibility of proceeding to divorce with the least possible harm. It is possible to combine the previous rules with the reality of where the spouses are in each specific case or others such as where the minors reside if any, etc. Before starting the procedures, you have to think: in which country will it be easier to file a divorce claim? Do you know better the judicial system of a foreign country? In which country will it be easier for you to access a lawyer you trust? Do you know the language of the country in which your partner wants to file for divorce? In which country will you want the measures adopted in the judicial procedure to be carried out? Instead of causing headaches thinking these questions, just contact divorcenepal.com, we have answers and solutions for all your problems.