Filing Divorce in Nepal from Abroad - Latest Legal Provisions (2081)

Mudda NepalLegal Editorial

March 20, 2025Updated August 29, 20262 min read

Key Legal Highlights

Under Section 153 of the Muluki Civil Procedure Code 2074, Non-Resident Nepalis can file for and finalize divorce in Nepal without traveling back by executing a Special Power of Attorney (Adhikrit Warisnama). The deed is verified by the Embassy of Nepal in the resident country, authenticated by the Ministry of Foreign Affairs, and submitted by an appointed advocate.

This article will provide you a comprehensive guide for Filing Divorce in Nepal from Abroad.

It is possible for you to initiate divorce procedures in Nepal while staying abroad by appointing a representative here in Nepal as per existing Nepali laws. The representative, known as attorney (Wares) will act on your behalf until the disposal of case or until you desire.

What is waresnama (Power of Attorney)?

Power of Attorney is a legal document that allows an individual to appoint a representative to act on his/ her behalf in legal proceedings because of inability of self to attend court in person.

Types of waresnama (Power of Attorney)

General POA
Authorized POA : By specifying case / without specifying case

Process of Filing Divorce in Nepal from Abroad

Step 1: Selection of Attorney. (Anyone holding a nepali citizenship)

Step 2: Preparation of deed of Power of Attorney through a lawyer.

Step 3 : Arranging two witness.

Step 4 : Sending of documents to Nepal embassy of the concerned country.

Step 5: Signing of the document and returning back to Nepal.

With the signed POA, the attorney is then empowered to file divorce case in the concerned court and take the case forward.

Documents required for Filing Divorce in Nepal from Abroad ( Through Waresnama)

Deed of POA prepared by lawyer.
2 witness
Notarized copy of citizenship of the applicant
Passport sized photos of the applicant
Notarized copy of lawyer's license

Who can be appointed as attorney/ wares ?

Anyone holding the nepali citizenship can be appointed as wares. However, appointing someone of your close relation, acquaintance would do good for your own convenience.

Can Divorce be filed in Nepal when both the partners reside abroad?

Yes, Divorce can be filed in Nepal when both the partners reside abroad by appointing one attorney for each partner.

Mudda Nepal Legal Desk

Mudda Nepal is dedicated to providing accurate, accessible, and structured insights into Nepali legal statutes, Supreme Court precedents, criminal and civil procedures, and constitutional rights.