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Getting Married Again After Divorce In Nepal

Marriage is an important part of many people's lives, and some people may choose to get remarried after a divorce. In Nepal, the law allows people to remarry after a divorce. People who have received a legal divorce certificate are eligible to remarry. The divorce must be officially recognized by Nepali law to proceed with a subsequent marriage. To remarry, one must follow the standard procedure for marriage registration outlined by the Nepali authorities.

Condition For Remarriage

Remarriage is permissible under the following circumstances

  • When the marital union between a husband and wife is terminated
  • In the event of the passing of the husband or wife,
  • Upon the legal separation of the husband and wife due to partition.

Time Limitation For Remarriage

  • Mutual Consent: If a husband and wife mutually agree to allow each other to enter into another marriage after divorce, remarriage is permissible and does not have a waiting period.
  • If the divorce is effected by the court order, both husband and wife have to wait until the time limit to appeal in a high court against the decision of the district court. As per law, a couple has to wait at least 60 days before remarrying someone.

Process For Remarriage

Following is the basic outline of the process for remarriage in Nepal:

Obtain a Valid Divorce Decree:

Before considering remarriage, ensure you have obtained a valid divorce decree from a competent court. This will provide evidence that your previous marriage has been dissolved.

Documentation

You have to collect all required documents including your divorce decree, citizenship certificates, identification, and any other relevant paperwork.

Visit the Local Ward Office

You have to go to the local ward office where you or your prospective spouse holds residency.

Submit the Required Documents

You have to submit the following documents to move forward with the process.

  • Divorce decree
  • Single Status certification
  • Citizenship certificates
  • Passport-sized photographs
  • Identification documents

Legal Declaration

You are then required to make a declaration of your intent to marry and sign an affidavit confirming your eligibility for remarriage.

Waiting Period

As mentioned above, there might be a waiting period of 60 days owing to the possibility of an appeal in the high court against the decision of the district court regarding divorce.

If there is a prior mutual agreement, the registration shall not be bound by any waiting period.

Issuance of Marriage Certificate

After the remarriage is registered, a marriage certificate will be issued, solidifying the legal recognition of the union.

Requirements For Getting Re-Married After Divorce

Divorce Decree

The primary requirement for remarrying after divorce is a valid divorce decree issued by a competent court. This document serves as proof of the dissolution of the previous marriage. It also includes a divorce certificate from the local authority (ward/municipality).

Single Status from the ward office

You must obtain a single status from the relevant ward office which makes you eligible to remarry someone.

Note: Before you can be considered for a single status and allowed to remarry, it is necessary to provide the ward office with the official divorce decree from the court.

Marriage Registration Certificate (if needed):

If the previous marriage was registered, it is advisable to have the marriage registration certificate, which can facilitate administrative processes.

No Objection Certificate (if applicable)

In certain cases, especially if one of the parties is a foreign national, an NOC from the respective embassy or consulate is required.

Concluding, Remarrying after a divorce is a significant life decision, and in Nepal, it is legally permissible provided the proper procedures and requirements are met. Seeking legal advice, ensuring transparency, and considering the broader implications, especially in cases involving children, are crucial steps in embarking on this new chapter in one's life. With careful planning and adherence to legal protocols, individuals can proceed with confidence in their pursuit of a new marital union. You are advised to seek the help of legal professionals if you intend to enter into remarriage after divorce.

Q&A: Getting Remarried In Nepal After Divorce

Can I remarry in Nepal after getting a divorce?

Yes, according to Nepali law, individuals who have obtained a legal divorce decree are eligible to remarry. Besides, during the court-affected divorce process if the couple does not agree on certain terms, then either shall wait for one year to effect a divorce and then only will be eligible for remarriage.

What is the legal process for getting remarried after a divorce in Nepal?

The legal process for getting remarried after a divorce in Nepal involves following the standard procedure for marriage registration outlined by the Nepali authorities. This includes submitting necessary documents like identification, citizenship certificates, and any required affidavits.

What documents do I need to provide for remarriage after divorce?

The primary document required is a valid divorce decree issued by a competent court. If the previous marriage was registered, having the marriage registration certificate can also be beneficial (in certain circumstances law requires it).

Do I need to disclose my previous marital status when getting remarried?

Yes, it is important for both parties to be transparent about their previous marital status to ensure legal compliance and avoid complications in the future. The disclosure always allows partners to take their new marriage smoothly.

Do I need to get a single status certificate for this?

Yes, you need to get a single status certificate as a requirement to remarry. For that, you have to visit the ward office to certify that you are single or no longer married.

What if I have children from my previous marriage?

If there are children from the previous marriage, their well-being and legal rights should be considered. That depends on the agreement you had with your partner during the separation. If you are assigned the responsibility to provide custody, visitation, and financial support, you have to bear it regardless of another marriage.

Can a foreigner remarry in Nepal after a divorce?

Yes, a foreigner who has obtained a valid divorce decree can also remarry in Nepal. They must follow the same legal procedures as Nepali citizens.

Can I remarry in Nepal if my previous marriage was conducted in another country?

Yes, as long as you have obtained a legal divorce decree recognized by Nepali law, you can remarry in Nepal, regardless of where your previous marriage took place.


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