Marriage in a Foreign Land

The interconnectedness of people and nations has resulted in intercountry marriages as well. The trend is rising where Nepali people settle in a foreign country and decide to foundation their marriage abroad. Here are a few legal provisions we should mind while marrying in a foreign land being a citizen of Nepal:

  1. Permission: The marriage held by a Nepali citizen in a foreign country may be granted approval within Nepal subject to the necessary conditions.
  2. Eligibility: A Nepali citizen seeking to marry outside Nepal must have attained the age of 20 years and must not be already married in order for such marriage to be valid in Nepal.
  3. Procedure: If the marriage is to be officialized through paper works only, the procedural requirement must be according to the country where the marriage is taking place.
  4. Venue: If the marriage is taking place inside the Embassy or the Consulate General of Nepal in that respective country, the procedure of Nepal must be followed.
  5. Marital Relation: The consequences of marriage and the relation between the spouses are defined by the laws of Nepal if both the husband and wife are Nepali citizens. Otherwise, it is determined by the habitual or current residence of the couple.
  6. Registration Abroad: The husband and wife residing in foreign country may apply for registration of their marriage at the Embassy or Consulate General of Nepal in that country.
  7. Registration in Nepal: Marriage held outside Nepal can be validated in Nepal in the respective ward office in front of the concerned registrar.
  8. Time Frame: The couple wishing to register their marriage must do so at the respective diplomatic agency within 35 days of the marriage or within 35 days of returning to Nepal.

 

The National Civil Code Act 2074 (2017)

Section 69

Freedom to marry

Section 70

Conditions for the validity of marriage

Section 699

Laws and procedures to be followed

Section 701

Consequences of marriage

Section 76

Registration of marriage

National Identity Card and Registration Act 2076

Section 18(1)(c)

Notification to the ward office

Section 18(2)

Time frame for notification

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