Court Marriage in Nepal : Easy Guide

Court Marriage in Nepal : Easy Guide

1. Court Marriage in Nepal - Background information

This article explains the legal procedure for court marriage registration in Nepal. Nepalese citizens living in Nepal or abroad, as well as foreign citizens, can register their marriage through the court in Nepal.

 

As a leading law firm in Nepal, we provide fast and reliable services for the court marriage registration process.

 

As per the prevailing laws of Nepal, a marriage certificate can be issued on the following two grounds:

 

a. Marriage registration through the court in Nepal (“Court Marriage”); and
b. Obtaining a marriage certificate from the Local Government, i.e., the Ward Office, after the marriage has been solemnized through social or religious rituals.

 

The existing law also provides an additional option for marriage registration through the Embassy of Nepal or a Consulate Office located in a foreign jurisdiction. However, this practice has not yet been adopted.

 

This article covers the details of marriage registration through the court, commonly known as court marriage or, sometimes, paper marriage.

 

 

2. Governing laws of court marriage in Nepal

 National Civil (Code) Act 2074 ("NCC")is the governing law for court marriage in Nepal.

 

3. Eligibility of Marriage Registration in Nepal

For the registration of a court marriage in Nepal, certain requirements must be fulfilled, as mentioned below:

 

  • Both the man and woman must be unmarried or have single status at the time of registration.
  • Both parties must be at least 20 years of age.
  • Both parties must consent to and accept each other as husband and wife. 

 

 

04. Court Marriage Registration Process in Nepal for Nepalese citizen

4.1. Procedure of court marriage

The following procedure has to be followed to do a court marriage in Nepal:

 

  • Step 1:  Receive the single status certificate from the respective ward office by both Spouses.

  • Step 2: Submission of application before the District Court of Nepal.

  • Step 3: The court will examine the documents.

  • Step 4: Upon fulfilling the legal requirement, the Court shall grant the Court Marriage Certificate.

 

 

Court Marriage Registration Process in Nepal: Court Marriage lawyer in Nepal

 

*Note:

a. Single Status Certificate means a recommendation letter that needs to be received from the ward office (based on their respective citizenship) stating the person has not been married yet or is currently divorced. Generally, one needs to apply for the court marriage within 30 (thirty) days of receiving such certificate.

b. A court marriage application can be filed within any of the 77 districts located in Nepal based on residence or convenience,

c. Both individuals should present physically at court,

d. Witnesses of both parties should be present physically at the date of receiving the certificate.

 

4.2.  Documents required for court marriage between two Nepalese Spouse

 

The following documents are required for the registration of court marriage in Nepal.

 

S.N.Documents Required
1.A notarized copy of citizenship of both the man and the woman
2.The recommendation letter verifying men and women are unmarried or have the single status from local ward office based on the citizenship.
3.A notarized copy of citizenship of two witnesses.
4.A temporary residence document is required from the ward office of the district where the couple is intending to submit the application for marriage registration. Note: Not required if the couple is doing court marriage on the district court jurisdiction where their citizenship was issued.
5.Four copies of passport size photos of both the man and woman each.
6.If any person is previously married, a divorce decree is required.

 

4.3. Timeline for Marriage Registration in Nepal

It takes 2  to 3  working days to complete the court marriage registration in Nepal.

 

 

05. Court Marriage Registration Process in Nepal for foreign citizen

5.1.     Additional document required for the Court marriage in case any of the individual is foreign citizen

The same court marriage registration process mentioned above applies to foreign citizens as well. However, foreign citizens are required to submit additional documents and must have stayed in Nepal for at least 15 days before they can apply for court marriage registration in Nepal.

 

S.N.Additional Documents
1.Single status document from the respective foreign embassy located in Nepal.
2.In case the Embassy is not located in Nepal:
  • The foreign citizen should submit a document of the single status verifying from government authority of their respective country.
  • Also, the document needs to be in English and should be notarized as per the law of their country.
3.After completion of 15 days stay in Nepal, a foreign citizen needs to receive temporary resident document from the ward office of the district from where the foreign citizen wants to apply for marriage registration.
4.English translation and notarization of the marriage law of their respective country for Nepal.

 

*Note: Foreign citizen should have to stay for compulsory for 15 days in Nepal. On that ground temporary residence letter is granted.

 

 5.2. TimeLine For Marriage Registration Where any of the couple is a foreign citizen:

The following timeline applies if a foreigner wants to perform a court marriage in Nepal.

 

Court Marriage by Foreigner in Nepal

 

*Note: It will take a tentative 19 days for the court marriage registration for a foreign individual. However, we suggest allocating 22 to 24 days in Nepal when you decide to do a court marriage in Nepal. Sometime, court can request additional documents in case of unclarity on any of the documents.

 

5.3 Tentative Government Fee

The table explains the tentative government fee for court marriage in Nepal.

 

S.N.DocumentsFee (NPR)
1.Single status certificate from the respective wardRate depends as per the rate defined by municipality pursuant to annual budget and the rate may change in every fiscal year.
2.a) Temporary resident certificate for Nepalese Citizen
b) Temporary resident certificate for Foreign Citizen
a) 2000/-
b) 10,000/-
3.Registry fee at Court500/-

 

6. Notarization of Court Marriage Certificate

If the spouse wants to use the court marriage certificate in a foreign jurisdiction, then the best way to authenticate the marriage certificate is (i) to notarize the certificate before Department of National Personal Record (Rastriya Kitabkhana) and (ii) after notarization do attestation from the Ministry of Foreign Affairs of the Nepal government.

 

7. Conditions of re-marriage

A man or a woman can re-marry in the following conditions:

  • If the matrimonial relationship between husband and wife is terminated or
  • If husband or wife dies or 
  • If husband and wife are separated upon partition in accordance with law.

 

Date of Publication: 10 January 2023

 

Related Article

Court Marriage for Foreign Citizens in Nepal 


Disclaimer: This article  published on website of Bhandari Law and Partners, a leading law firm in Nepal is just for information purpose only. It shall not be taken as the legal advice, advertisement, personal communication, solicitation or inducement. Bhandari Law and Partners or any of the team members of the firm shall not be liable for the consequence arising of the information provided. As the factual situation may be different on your case, thereof if you need further legal advice on the subject matter, please Contact Us.

 

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Frequently Asked Questions

1. What are the conditions for the eligibility of Marriage in Nepal ?

For the registration of marriage certain requirement has to be fulfilled which are as mentioned:

 

a. Both men and women must not be married or should have a single status at the time of registration.

b. Must have completed the age of 20 years for both couple

c. Both couple should accept each other as Husband and Wife.

 

2. What is the process of registration of Court Marriage in Nepal? Registration Process of Court Marriage in Nepal is mentioned below:

 

Registration Process of Court Marriage in Nepal is mentioned below:Court Marriage Registration Process in Nepal: Top Court Marriage Lawyer in Nepal

3. What are the required documents for marriage registration in Nepal?

The following documents are required for the registration of marriage in Nepal

S.N.Documents Required
1.A notarized copy of citizenship of both the man and the woman
2.The recommendation letter verifying men and women are unmarried or have the single status from local wards office based on the citizenship.
3.A notarized copy of citizenship of two witnesses.
4.A temporary residence document is required from the ward office of the district where the couple is intending to submit the application for marriage registration. Note: Not required if the couple is doing court marriage on the district court jurisdiction where their citizenship was issued.
5.Four copies of passport size photos of both the man and woman each.
6.If any person is previously married, a divorce decree is required.

 

4. What are the additional requirement to do court marriage by the foreigner in Nepal ?

The same court marriage registration process applies in case any individual is a foreign citizen. However they need to submit additional documents as well as need to stay at least 15 days and only can apply for court marriage in Nepal.

 

S.N.Additional Documents
1.Single status document from the respective foreign embassy located in Nepal.
2.In case the Embassy is not located in Nepal:
  • The foreign citizen should submit the document of the single status verifying from the government authority of their respective country.
  • Also, the document needs to be in English version and should be notarized as per the law of their country.
3.After completion of 15 days stay in Nepal, the foreign citizen needs to receive the temporary resident document from the ward office of the district from where the foreign citizen wants to apply for marriage registration.
4.English Translation and Notarization of Marriage Law of their respective country for Nepal.

 

*Note: Foreign Citizen should have to stay for compulsory for 15 days in Nepal. On that ground temporary residence letter is granted.

 

5. 5. What will be the timeline to complete the marriage registration process?

The timeline is different for Nepali citizen and foreign citizen. It includes the following timeline:

A) For Nepali citizen

After all the required documents is received, it will take 2 to 3 working days.

 

B) For foreign citizen

It will take 19 (Nineteen) days for all the procedure. However, we suggest to allocate 22 to 24 days as sometime Court can ask for additional documents in case of unclarity in presented documents.

 

6. 6. Does the law provide the provision of re-marriage for an individual in Nepal?

Yes, the law has provided the legal provisions regarding re-marriage in Nepal , re- marriage can be done in the following
conditions:

a. If the matrimonial relationship between husband and wife is terminated,

b. If husband or wife dies,

c. If husband and wife are separated upon partition in accordance with law.

 

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