If you are an NRN, or if you are a Nepali citizen, then you must assess the country in which you should file a divorce case. If you have divorced in more than one country, then you should choose the country that is best for both couples.
Assess economic standing of the entire family
The divorce lawyer should assess which country is best suited to the conclusion of a divorce process.Article 706 of National Civil Code 2074 recognizes the divorce obtained outside Nepal.
However, the property in Nepal 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 takes place overseas.
Despite the divorce abroad, the Supreme Court of Nepal granted property rights and share of property. Since you have the right to property rights in Nepal, even if you have a divorce in Nepal.
It is easier for you to get a divorce in Nepal and claim property rights, so there are no other issues while dividing the property.
Thus, an application for divorce should be filed in a country where a large portion of the property remains in respect of the NRN during marriage.
Respond to the interests and objectives of the client.
Divorce lawyers should be sensitive to the needs and wishes of their client and respond to their concerns. He/she should assess the best destination for obtaining a divorce from their clients.
Also, be mindful of jurisdiction so that there are no subsequent issues relating to jurisdiction. He/she should be strategic to resolve the issue for their client and be result-oriented.
Assess the jurisdictions of the country:
If you reside in the United States or any other foreign country, you should assess the jurisdiction of the country of residence and Nepal. Divorce lawyers will focus on each and every aspect of divorce, such as property and child custody.
Divorce lawyers should have knowledge of every aspect of divorce in their respective countries. There is a different rule in divorce cases, including all financial and child custody issues.
The grounds of a divorce:
It must be made clear on what grounds the NRN is to file for a divorce. Each country has different grounds for divorce.
An application for divorce should be filed in a country that meets your requirements. He/she must have a clear understanding of the evidence and documents that need to be submitted on behalf of the NRN.
Spousal Support
Divorce lawyer should be mindful of the country in which the NRN can seek alimony while filing for divorce. In the case of NRN divorce proceedings, he/she should assess the rules on spousal support.
It is also necessary to calculate the time period for receipt of the payment of the pension. What is the potential amount to be allocated? As to whether the allowance would be enough to make a living. Things need to be taken into account when filing for an NRN divorce.
Issues of enforcement:
Divorce lawyers must take into account the enforceability of the divorce case decision. In the case of consent of the spouses, it takes two working days for the divorce process to be concluded.
In the event of no consent, a final decision may take one year. He/she should calculate the duration of the divorce process in Nepal.
Should you have any questions, please do not hesitate to contact us.
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.
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Divorce advise
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Divorce lawyers should be sensitive to the needs and wishes of their clients and respond to their concerns.
Divorce lawyers should have knowledge of every aspect of divorce in their respective countries. There is a different rule in divorce cases, including all financial and child custody issues.
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