Types of Marriage and it’s Registration Process
- Court marriage: Get married in court and register your marriage there.
- Social/religious marriage registration: If you have already gotten married through a social or religious ritual, you can register your marriage at the ward office.
- Marriage registration at an embassy or consulate office: If you are getting married outside of your home country, you can register your marriage at the embassy or consulate of your home country.
Law to refer to: Section 77 of the National Civil Code of Nepal, 2017
Requirements for Registration of Marriage
- For an application filed in district court: To apply for marriage registration under sub-section (1), at least one of the parties (i.e., the man or the woman) must have resided in the concerned district for at least fifteen days.
- Application filed at the embassy or consulate general: Where an application for marriage registration is to be filed at the embassy or consulate general of the country in which such embassy or consulate general is located.
Procedures For Court Marriage
Submission of Application
The parties to a marriage shall complete the application form and sign it in the presence of each other. You must submit a marriage registration application to the court, as required by Article 77 of the 2017 National Civil Code.
Verification and Authentication of the Documents
- The marriage registration officer shall verify all documents on the date of application. The marriage registration officer will check all of the documents that you have submitted to make sure that they are complete and accurate. This includes checking to make sure that you and your spouse are both eligible to marry, that you are both consenting to the marriage freely and that you have met all of the legal requirements for marriage registration.
- The marriage registration officer will also check to make sure that the documents you have submitted are original or certified copies.
Note: Certified copies are copies of original documents that have been signed and stamped by a notary public or other authorized official.
Date of Appointment
After verifying all the documents filed by the parties, the marriage registration officer at the Court will schedule a date for the appointment. The parties shall be notified of the appointment date.
Presence of Witness
- On the scheduled date, the parties and their two witnesses shall appear before the marriage registration officer.
- The witnesses must be able to testify to the fact that you and your spouse are freely consenting to the marriage and that you are both eligible to marry. The witnesses must also be able to identify themselves and prove their citizenship status.
- The requirement for two witnesses is a safeguard to ensure that marriages are not entered into under duress or coercion. The witnesses also serve as a record of the marriage, in case there is any question about its validity in the future
Certificate of Marriage
The marriage certificate shall be issued on the same day and handed over to the parties on the next day, in the form specified by the Government of Nepal by notification in the Nepal Gazette, to the marriage registration.
Marriage Registration in Temporary Residence
Sometimes there might be a situation where a permanent residence in one place might have to/ or wants to register their marriage in a place of temporary residence. For example, a person having a permanent address in the Kathmandu District wants to register their marriage in the Chitwan District. In this situation, the following procedures have to be fulfilled.
- Obtain a letter from your ward office stating that you have been residing in the area for at least 15 days. You will need to follow these steps:
- Visit your ward office in person.
- Bring your citizenship certificate and proof of residency.
- Fill out an application form for a letter of residency.
- Pay a fee, if applicable.
- Complete and sign the marriage registration application form. The application form can be obtained from the district court where you want to register your marriage.
- The required documents include:
- Original and notarized copies of your citizenship certificates
- Original and notarized copies of your two witnesses' citizenship certificates
- Four passport-size photos of each applicant
- Recommendation letters from your respective ward offices stating that you are unmarried or divorced
- A letter from your ward office stating that you have been residing in the area for at least 15 days
- Submit the application form and required documents to the district court. You will need to pay a registration fee at the court.
- Appear in court on the scheduled date. You and your two witnesses will need to appear in court on the scheduled date to sign the marriage register.
- Receive your marriage certificate. The court will issue you a marriage certificate on the same day.
Process
- Complete and sign the application form. The application form can be obtained from the district court where you want to register your marriage.
- Gather the required documents. The required documents include:
- Original and notarized copies of your citizenship certificates
- Original and notarized copies of your two witnesses' citizenship certificates
- Two passport-size photos of each applicant
- Recommendation letters from your respective ward offices stating that you are unmarried or divorced,
- Submit the application form and required documents to the district court. You will need to pay a registration fee at the court. You need to submit a bank voucher equivalent to Rs 500 as a court fee
- Appear in court on the scheduled date. You and your two witnesses will need to appear in court on the scheduled date to sign the marriage register.
- Receive your marriage certificate. The court will issue you a marriage certificate on the same day
Conclusion
Registering your marriage in Nepal is a legal process that requires you to follow the laws and regulations of the country. Depending on your preference, you can choose to do a court marriage or a social/religious marriage registration. Both types of marriage registration require you to submit an application form, various documents, and witnesses to the local authorities. You also need to pay a registration fee and appear in court on the scheduled date. Once your marriage is registered, you will receive a marriage certificate as proof of your marriage. By following this guide, you can register your marriage in Nepal and enjoy the benefits and rights of a married couple.
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