Divorce from Abroad: How NRNs Can End a Marriage in Nepal (2025)

The NRN Divorce Dilemma

Thousands of Nepali couples married in Nepal now live apart—one in Kathmandu, one in Sydney, Dallas, or London. When the marriage breaks down, a question arises:

Can you get divorced in Nepal without returning home?

The answer is Yes, but it requires careful legal navigation.

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Jurisdiction: Where Should You File?

This is the first major decision. You have options:

Option 1: File in Nepal

When to Choose This:

• Your marriage was registered in Nepal
• Your spouse still lives in Nepal
• You want the divorce recognized in Nepal for property/custody purposes

Advantage: Faster, cheaper than Western courts. Nepali divorce decrees are recognized internationally.

Option 2: File in Your Country of Residence

When to Choose This:

• Both spouses live abroad
• You need immediate local court orders (restraining orders, interim custody)
• Complex assets in the foreign country

Note: If you file abroad (e.g., Australia), you may still need a separate process in Nepal to update land records and enforce the decree.

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Types of Divorce in Nepal (Muluki Civil Code 2074)

1. Mutual Consent Divorce (Aapasi Sahmati)

If both spouses agree, this is the fastest route.

Process:

1. Both spouses sign a joint petition
2. File at District Court
3. Judge confirms consent
4. Divorce decree issued (often within 1-3 months)

For NRNs:

• If you can’t travel, grant a Power of Attorney (POA) to a lawyer or trusted family member in Nepal
• Your spouse must also appear (or grant their own POA)

2. Contested Divorce (Ek Pakshiya)

If your spouse refuses or is uncooperative, you must prove “grounds.”

Legal Grounds Under Section 94 (Civil Code):

• Spouse living separately for 3+ years
• Extramarital affair (adultery)
• Cruelty (physical or mental abuse)
• Abandonment
• Impotence/infertility (diagnosed)
• Spouse’s disappearance for 3+ years
• Incurable mental illness

Process:

1. File a petition with evidence
2. Court issues summons to spouse
3. If spouse abroad → Summons via email/courier or public notice
4. Hearings, evidence, judgment
5. Divorce decree issued

Timeline: 1-3 years depending on complexity and spouse’s cooperation.

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Power of Attorney: Your Key to Remote Divorce

If you cannot travel to Nepal, you MUST have a valid POA.

How to Get a POA from Abroad:

1. Draft the POA Document: Your Nepal lawyer prepares it in Nepali.
2. Visit Nepal Embassy/Consulate: Get it notarized by the Nepali mission in your country (Australia, USA, UK all have embassies).
3. Apostille/MOFA: Depending on the country, additional authentication may be required.
4. Send to Nepal: Courier the original to your lawyer.

What to Include in Divorce POA:

• Power to file divorce petition
• Power to appear in court on your behalf
• Power to sign settlement agreements
• Power to receive divorce decree

Warning: Only grant POA to someone you completely trust. Revoke it immediately after the case ends.

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If Your Spouse is Also Abroad

This complicates things but doesn’t make divorce impossible.

Scenario: Both in Australia

You can file in Australia under the Family Law Act 1975. However:

• To update land records in Nepal, you’ll need the Australian decree to be recognized
• Submit the decree (with apostille) to Nepal’s District Court for “registration”

Scenario: You’re in UK, Spouse in USA

The spouse with “habitual residence” in a jurisdiction can file there. For Nepal matters, the divorce decree from any recognized country can be submitted for enforcement.

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Special Considerations for NRN Divorces

1. Child Custody

If children are involved:

• Nepal courts apply the “Best Interest of the Child” doctrine
• If children are abroad, local courts (Australia, USA, UK) have jurisdiction over custody
• A Nepal divorce can run parallel to foreign custody proceedings

2. Property in Nepal

Divorce doesn’t automatically divide property. You must:

• File a separate Property Partition (Ansabanda) case if needed
• Or include property settlement in the divorce agreement (mutual consent)

Important: If property is in joint names, both spouses need to sign transfer deeds. Your POA holder can do this on your behalf.

3. Alimony (Mana Chamal)

Under Nepali law, the “weaker” spouse may claim maintenance. Courts consider:

• Duration of marriage
• Economic disparity
• Whether children are involved

Note: Foreign court alimony orders may not be directly enforceable in Nepal and vice versa.

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Step-by-Step: NRN Divorce via POA

1. Consult a Nepal Lawyer: Discuss grounds, strategy, and POA requirements.
2. Prepare POA: Get it notarized at Nepal Embassy in your country.
3. Gather Documents:
   • Marriage certificate (original or certified copy)
   • Citizenship/passport copies
   • Evidence of grounds (if contested)
   • Children’s birth certificates (if applicable)
4. File Petition in Nepal: Your lawyer files at District Court.
5. Attend Hearings (via POA): Your representative appears on your behalf.
6. Obtain Decree: Once issued, your lawyer sends you the certified copy.
7. Register Abroad (if needed): If you’re in Australia, submit the decree to the Family Court Registry for recognition.

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Common Questions

”Can I get divorced without my spouse knowing?”

No. Nepali law requires the court to notify the spouse. If they’re unreachable, a public notice is published in newspapers. Ex-parte (one-sided) divorce is possible only if the spouse fails to respond.

”How long does it take if my spouse refuses to cooperate?”

Contested divorces can take 1-3 years. Mutual consent divorces can be done in 1-3 months.

”Is video appearance accepted in Nepal courts?”

Generally no. Nepal courts require physical presence or POA representation. Virtual hearings are extremely rare.

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Conclusion

Divorce is never easy, and distance makes it harder. But NRNs have clear legal pathways to end marriages registered in Nepal—without necessarily booking a flight.

The key is preparation: a proper POA, a trusted lawyer in Nepal, and realistic expectations about timelines.

Don’t let geography trap you in an unhappy marriage.

Disclaimer: International divorce cases are complex and fact-specific. This article provides general guidance. For tailored advice, consult our NRN services team.