Court Marriage for Foreign Nationals

1. Age Requirement (Section 67)

According to Section 67 of the National Civil Code 2074, both parties must have attained the age of 20 years to enter into marriage. This applies equally to Nepali citizens and foreign nationals. Marriage below this age is not permitted under Nepali law.

2. Mutual Consent (Section 68)

Section 68 mandates that marriage must be based on the free and mutual consent of both parties. Forced marriages, marriages under coercion, or marriages without proper consent are void under Nepali law. Both parties must personally appear before the court to confirm their consent.

3. Prohibited Relationships (Section 69)

Section 69 prohibits marriage between persons within certain degrees of relationship. This includes direct blood relatives, certain adoptive relationships, and other prohibited degrees as specified in the law. Foreign nationals must ensure they do not fall within these prohibited categories.

4. Monogamy Requirement (Section 70)

Section 70 establishes that Nepal follows the principle of monogamy. A person who is already married cannot enter into another marriage unless the previous marriage has been legally dissolved through divorce or annulment. Foreign nationals must provide proof of single status or divorce decree if previously married.

5. Marriage Registration (Section 71-74)

Sections 71-74 outline the marriage registration process. For foreign nationals, the marriage must be registered at the District Court having jurisdiction over the place where either party resides. The registration process includes:

• Filing of marriage application with required documents
• Verification of eligibility and documents by the court
• Personal appearance of both parties before the registering officer
• Presence of two witnesses with valid identification
• Issuance of Marriage Registration Certificate upon completion

6. Residence Requirement for Foreigners

While the National Civil Code does not explicitly specify a minimum stay period, administrative practice requires foreign nationals to have stayed in Nepal for at least 15 consecutive days before filing a marriage application. This requirement is enforced to ensure genuine intent and to allow time for document verification and embassy coordination.

7. No Objection Certificate (NOC) Requirement

Foreign nationals must obtain a No Objection Certificate (NOC) or equivalent document from their respective embassy or consulate in Nepal. This document certifies that:

• The person is legally free to marry (single status)
• There is no legal impediment to the marriage under their home country's law
• The embassy has no objection to the marriage taking place in Nepal

This requirement ensures compliance with both Nepali law and the foreign national's home country regulations.

8. Document Translation and Notarization

All documents in foreign languages must be translated into Nepali by a certified translator and notarized by a licensed notary public in Nepal. The court will not accept documents in foreign languages without proper translation and authentication.

9. Legal Effect of Marriage Certificate

The Marriage Registration Certificate issued by the District Court is a legally valid document recognized by:

• Government of Nepal for all official purposes
• Immigration authorities for visa and residency applications
• Foreign embassies and consulates (when properly authenticated)
• International authorities when apostilled or legalized

10. Rights and Obligations After Marriage

Upon registration of marriage in Nepal, both parties acquire legal rights and obligations including:

• Right to property and inheritance as per Nepali law
• Right to spousal support and maintenance
• Obligation of mutual care and support
• Rights related to children born from the marriage
• Foreign spouse may be eligible for Nepali citizenship after specified period

Visa Status: Foreign nationals can marry on any valid visa including tourist visa. However, the visa must remain valid throughout the marriage registration process.

Divorce from Previous Marriage: If either party was previously married, a legally valid divorce decree or death certificate of the former spouse must be provided, translated into Nepali, and properly authenticated.

Apostille and Legalization: For the marriage certificate to be recognized in foreign countries, it may need to be apostilled by the Ministry of Foreign Affairs of Nepal or legalized through the embassy of the destination country.

Registration Timeline: The District Court typically processes marriage registration within 1-2 working days once all documents are verified and found to be in order.

Important Note: This information is based on the National Civil Code 2074 and current administrative practices. Laws and procedures may be updated. We recommend consulting with our legal team for the most current requirements specific to your situation.