The registration of marriage is governed by the Chapter of Marriage of Civil Code 2017 (2074). Civil Code incorporates marriage-related provisions from number 67 to number 84.
Court Marriage Registration in Nepal is a general process that can be fulfilled for both a Nepali Citizen and a Foreigner by completing specific procedures. In other Words, Marrying a Foreigner and receiving a Marriage Certificate is allowed. If you are having problems conducting Registration of Marriage, you need to follow the steps below or get legal assistance. Nepali Citizens living abroad, as well as Foreign Citizens, can register a Marriage in Nepal.
Procedure of Marriage Registration?
Marriage Registration can be done through three methods as mentioned:
- Marriage registration through court (“Court Marriage”)
- Marriage registration of couple who has already married through a social/religious rituals (“Receiving the Court Marriage Certificate in Nepal Through Ward Office “)
- Marriage Registration through Embassy or Consulate Office
Eligibility Criteria for Court Marriage
Before applying for a court marriage, certain criteria need to be met:
1. Age Requirements
Both individuals must be at least 20 years of age for the marriage to be legally valid. If either partner is under 20, parental consent is required.
2. Consent and Documentation
- Both parties must voluntarily consent to the marriage.
- Necessary documents, such as proof of identity and age, need to be submitted along with the application.
Court Marriage Process
Now, let’s dive into the full process of how court marriage registration takes place in Nepal.
1. Application Submission at the District Court
First, the couple must visit the local district court. They need to fill out an application form for marriage registration, which requires personal details such as names, addresses, and identification numbers. The application form is usually available online or at the court office.
2. Marriage Registration Procedure
Once the application is submitted, the court sets a date for the marriage registration. On the scheduled day, the couple, along with two witnesses, must appear before the marriage officer at the court. The marriage officer will verify the documents and confirm that both parties have voluntarily consented to the marriage.
3. Role of Marriage Officer and Witnesses
The marriage officer will review the documents, ask the couple some basic questions, and confirm their mutual consent. The witnesses (usually friends or family) will also testify that the marriage is voluntary.
Documents Required
The following documents are typically required for court marriage registration:
- National ID or Passport for both parties
- Birth Certificate or Proof of Age
- Proof of Single Status (a certificate confirming that neither party is already married)
- Witnesse’s Identification (copies of IDs of two witnesses)
Registration Fee
There are specific fees associated with court marriage registration, which may vary depending on the district. The typical fee structure includes:
- Government registration fee (which is minimal)
- Court processing fee Additional charges may apply for certain services, such as expedited processing.
Court Marriage Time Frame
In most cases, the court marriage process can be completed within a few hours or a day. However, depending on the court’s workload and other administrative factors, it may take up to one week for the marriage to be fully registered and for the marriage certificate to be issued.
Post-Marriage Procedures in Nepal
After completing the court marriage, you will receive an official marriage certificate. This certificate is an important legal document that proves your marital status. You can also use it to update records such as your citizenship or passport.
Changing Documents and Updating Marital Status
Once the marriage is registered, couples need to update their marital status with various institutions, such as banks, employers, and government offices.
Advantages of Court Marriage
Court marriage offers several benefits:
- Legal Protection: Both spouses have legal rights concerning property, inheritance, and other marital matters.
- Simplicity: It’s a fast and straightforward process compared to traditional weddings.
- Cost-Effective: Court marriages generally involve lower costs than religious ceremonies.
Challenges in Court Marriage
Although court marriage is generally simple, there are a few challenges to consider:
- Document-related Issues: Delays in obtaining necessary documents can cause delays.
- Social and Cultural Barriers: In some regions, court marriages, especially inter-caste or inter-religion unions, may face societal resistance.
Marriage Registration in Ward Office
Those couple who have married through the specific social/religious rituals should also compulsory register there marriage for the legal validity. For the said purpose they need to submit the application at ward office of their permanent resident. They should submit the evidence related to marriage done through the religious rituals.
Marriage Registration through Embassy or Consulate Office:
Pursuant to Number 76 and 77 of the Chapter of Marriage of Civil Code people residing at foreign can register the court marriage before the Embassy of Nepal or Consulate Office located at foreign country. Though the law has provided the marriage registration from the Embassy or Consulate Office however in practice there are no such instance of registration through the Embassy or Consulate Office.
Marriage Registration for Foreigners in Nepal
Foreign nationals who wish to marry in Nepal must follow additional procedures. They need to submit extra documentation such as:
- A valid passport
- Visa details
- Proof of single status from their home country Foreign nationals may also need to appear in court with a translator, depending on the case.
Court Marriage Vs. Religious Marriage in Nepal
While both court and religious marriages are legally recognized in Nepal, there are differences. Court marriages are recognized as official by the state and involve a straightforward legal process. On the other hand, religious marriages may require additional rituals, and while they are recognized in a cultural context, they may not always be immediately recognized by the state unless registered at the district court.
Legal Implications of Court Marriage in Nepal
Once you’ve gone through the court marriage process, you gain legal rights related to:
- Property and inheritance: You can inherit property from your spouse and vice versa.
- Social security benefits: Married individuals may access government or employer-provided benefits.
Additionally, court marriage helps avoid disputes related to marital rights and duties, giving couples clear legal standing.
FAQs
What is Court Marriage in Nepal?
Court marriage in Nepal is a legal process where couples marry under the law without religious or traditional ceremonies. It ensures their union is officially recognized.
Who Can Apply for Court Marriage in Nepal?
- Nepali citizens over 20 years of age.
- Foreigners, provided they meet local legal requirements.
- Couples who do not fall under prohibited relationships, such as close relatives.
What Documents Are Needed for Court Marriage in Nepal?
- Citizenship certificates of both parties.
- Four passport-sized photographs each.
- Proof of marital status (e.g., single, divorced, or widowed).
- Witness documents, including their citizenship.
Foreigners must provide:
- Valid passports and visas.
- A document from their home country proving marital eligibility.
Where to Apply for Court Marriage in Nepal?
Couples need to visit the District Court where either of them resides. The court oversees the marriage registration process.
How Long Does the Court Marriage Process Take?
Court marriage process typically takes 2 days in Nepal. However, arranging required documents and other legal formalities may take 10-20 days.
What are the Costs Involved in Court Marriage?
The fees include government charges and any additional service costs. On average, it ranges from NPR 10,000 to NPR 50,000.
What Happens During the Court Marriage Ceremony?
- Submission of application and documents.
- Verification by the court.
- Appearance before the judge with witnesses.
- Declaration of consent in front of the judge.
Can Foreign Nationals Marry in Nepal?
Yes, foreign nationals can marry in Nepal, provided they fulfill all legal requirements, including document verification by the authorities.
What are the Benefits of Court Marriage in Nepal?
- Legal recognition of the union.
- Simplified process compared to traditional ceremonies.
- Protection under Nepalese law for both parties.
Are Inter-Caste and Inter-Religion Marriages Allowed?
Yes, court marriage is open to all couples regardless of caste or religion, promoting equality and inclusivity.
Can the Marriage Certificate Be Used Abroad?
Yes, the certificate issued by the District Court is valid internationally. For official use abroad, couples may need to authenticate it through the Ministry of Foreign Affairs.
What Should You Keep in Mind Before Applying?
- Ensure all documents are complete and accurate.
- Arrange reliable witnesses.
- Plan for potential delays due to legal checks.