If you are an NRN or a Nepali citizen, you must determine where you should file for divorce. If you have obtained a divorce in more than one country, choose the country that is best for both of you.
Examine the financial situation of the entire family:
The divorce lawyer should determine which country is best suited to finalize the divorce process.
Article 706 of the National Civil Code of Nepal 2074 recognises divorce obtained outside of Nepal. However, in Nepal, property is divided in accordance with article 707 of the national civil code 2074.
The legislation is silent on the property in Nepal while the divorce is taking place elsewhere. Despite the divorce obtained abroad, the Nepalese Supreme Court has granted property rights and a share in property. Given that you have property rights in Nepal, If you got your divorce in Nepal.
It is easier for you to obtain a divorce and assert your property rights in Nepal, ensuring that there are no other issues when dividing the property. As a result, in terms of NRN, a divorce application should be filed in a country where a significant portion of the property remains during the marriage.
Follow up on the client’s interests and goals.
Divorce lawyers should be sensitive to their clients’ needs and desires and respond to their concerns. He or she should evaluate the best option for obtaining a divorce for their clients. Also, keep jurisdiction in mind so that later issues with jurisdiction do not arise. He or she must be strategic and results-oriented in order to resolve the issue for their client.
Emphasise a country’s jurisdictions
If you live in the United States or another foreign country, you should consider both your home country and Nepal’s jurisdiction. The divorce attorney will focus on all aspects of the divorce, including property and child custody. The divorce lawyer should be familiar with every aspect of divorce in the respective country. There are different rules that apply to all financial and child custody issues in a divorce case.
It must be stated clearly why NRN is filing for divorce. Divorce grounds differ by country. Divorce applications should be filed in a country that meets your requirements. He/she must have a thorough understanding of the evidence and documents that must be submitted on behalf of the NRN.
Support for the spouse
When filing for divorce, the divorce lawyer should consider where the NRN can seek alimony. He or she should evaluate spousal support rules in relation to the NRN divorce process. Also, the time period for receiving the alimony payment should be calculated. What is the potential award amount? In terms of whether the allowance is sufficient to make a living. All of these factors must be considered when filing for the NRN’s divorce.
Problems with enforce-ability:
The divorce lawyer must consider the enforce-ability of the divorce case decision. When both spouses agree, the divorce process can be completed in two working days. If no agreement is reached, it could take a year to reach a final decision. He or she should figure out how long the divorce process takes in Nepal.
Should you have any questions relating to divorce process in Nepal, please do not hesitate to contact us at 977-9847691209
Alpana Bhandari is a founding partner and CEO of Prime Legal Consultants and Research Center. She graduated from American University Washington College of Law. She specializes in corporate/arbitration and family law.