Court Marriage

Court Marriage in Nepal

1.  Court Marriage in Nepal

Court marriage typically refers to a legal marriage ceremony

performed by a Government Official, such as a judge, magistrate, or a

registrar, instead of a religious ceremony conducted by a clergy member. Here’s

a general outline of what court marriage involves:

2. Legal Requirements: Before getting married in court, couples usually need to fulfill

certain legal requirements according to the respective country such as

providing identification, proof of age, residence, and sometimes a marriage

license or a notice of intended marriage.

3.  Booking an Appointment: Couples typically need to schedule an appointment with the court

where they intend to get married. Different jurisdictions may have varying

procedures and waiting periods. Before being married, a couple usually needs to

make an appointment with the court. Procedures and waiting times may differ

throughout jurisdictions.

4. Witnesses: Witnesses must be present during the marriage ceremony in

various jurisdictions. Depending on the locality, the quantity of witnesses and

their criteria (age, couple relationship, etc.) may change

5.  Ceremony: The couple and the official (a judge, magistrate, or registrar)

participate in the ceremony. After confirming the couple's identification and

reading any formal declarations or vows, the official will declare them married.

6.  Process: The ceremony itself is usually involves the couple and the

official (judge, magistrate, registrar). The official will verify identities,

read legal statements or vows, and then pronounce the couple married.

7.  Legal Documentation: After the ceremony, the official signs and provide a marriage

certificate or license, which legally records the marriage. This document is

usually filed with the appropriate government office to officially register the

marriage.

8. Legal Benefits: Marriage conducted through court typically grants the same legal

benefits and rights as marriages conducted through religious ceremonies,

including rights related to inheritance, taxes, healthcare decisions, etc.

9.  Discretion: Court marriages offer couples the option to keep their marriage

private if they wish to avoid family or societal pressures or prefer a low-key

celebration.

Court marriages are often chosen by couples for various reasons,

including simplicity, convenience, legal considerations, or personal beliefs.

The process can vary based on local laws and regulations, so it’s important for

couples to check with their local court or registrar’s office for specific

requirements and procedures.

Court Marriage Merits

Court marriage offers several benefits, which includes the

following:

1. Efficiency and Simplicity: Compared to traditional

ceremonies, courts marriages are frequently faster and include fewer formality

and paperwork.

2.  Legal Recognition: Court marriages are legally

recognized under the law, providing a solid legal foundation for the

relationship. It bides couple equal rights and responsibility as prescribed by

law.

3. Privacy: In order to guarantee privacy and minimize the

need for luxurious ceremonies, court marriages are performed in the presence of

a marriage registrar or judge and a few numbers of witnesses.

4. Social Acceptance: As a contemporary and uncomplicated

alternative to customary weddings, court marriages are becoming more and more

socially acceptable.

5. Inter-religious and Inter-caste Marriages: Court marriages

can help people from various castes or religions get married and overcome

societal hurdles.

6. Inter-religious and Inter-caste Marriages: Court marriages

can help people from various castes or religions get married and overcome

societal hurdles.

7.  Protection of Rights: Marital laws grant both

partners certain legal benefits and rights, such as shared property ownership,

inheritance rights, and other advantages.

8. Cost-effective: Since court marriages require fewer

personal costs for ceremonies and customs, they are typically less expensive

than traditional weddings.

9.  Less Formalities: Court marriages, as compared to

traditional marriages, usually ask for less rituals and traditions, with a

primary emphasis on legal obligations.

10. Avoiding Luxuriousness and Dowry: Court marriages can

assist in avoiding the burden of dowry demands and the ostentatious spending

that come with traditional rituals.

11. International Recognition: Court marriages are recognized

all over the world, which is advantageous for couples who intend to live or

visit elsewhere.

12. All things considered, court marriages provide a

reasonable, morally upright, and frequently more affordable alternative for

couples who wish to formally bind their union without the complications and

costs of traditional weddings.

Destination marriage

A "destination marriage" is a wedding in which the

couple and their guests travel to a different location for the marriage

ceremony and celebration than their hometown or customary place of residence.

It's growing more and more common for couples who wish to pick an attractive or

significant location that means something to them, or who want to marry while

on vacation.

When organizing a destination wedding, factors like following are

to be considered:

Location: Whether it's a beach resort, touristic place, historic

city, tropical island, or rural place, pick a place that fulfills your concept.

Legalities: Recognizing the various legal requirements in your

chosen location before getting married

Personal Information:

Full name, Date of birth, Address, Nationality, Occupation,

Marital status (single, divorced, widowed)

Details of the Spouse:

Full name, Date of birth, Address, Nationality, Occupation,

Marital status

Witness Information:

Full name, Permanent Address, Relationship to either party

Documents Required: You may need to submit copies of certain documents with the

certification from notary public officer such as:

Citizenship certificates, Passport or identification, Proof of

residence, Affidavits stating marital status and consent (if applicable)

Declaration of Consent: Both parties typically sign a declaration affirming their

willingness to marry each other.

Legal Requirements:

Depending on your jurisdiction, there may be additional legal

requirements or questions specific to that court's procedures.

It's important to check with the court or registrar where you plan to conduct

the marriage for any specific requirements or additional paperwork they may

need. The questionnaire or information required can vary slightly based on

local laws and regulations.

Why Nepal

 Nepal is safety and cheap for foreigners. People are friendly here.

Documents for Court Marriage in Nepal – For Foreigners

The following documents are to be prepared for getting court

marriage by any foreigner in Nepal

No Objection certificate (NOC) / CNI

If you're going overseas to get married, you may need a

Certificate of No Impediment to Marriage (CNI). Authorities overseas may ask

for a CNI to prove you're free to marry. The Department of Foreign Affairs can

issue CNIs.

No Objection certificate (NOC) is an

essential document for foreigners to get married. It is a document which proves your current

status as single in case

you want to get married abroad. The relevance of the document to the marriage

process is to establish whether there are obstructions preventing you from

getting married. This can range from committed offences to an individual

objecting to the proposed marriage.

It is a certificate that states an unmarried and eligibility of

marriage for foreigners in Nepal. NOC is taken from the respective embassy

located in Nepal. If there is no embassy in the respective country, foreigners

should contact the consulate office located in Nepal.

Foreigners should contact to their embassy situated in Nepal prior

to coming to Nepal. Foreigners should be well aware of the required documents

to bring from their home country stating their unmarried and eligibility status

before coming to Nepal for court marriage. It is appropriate to make

appointments with the concerned embassy in Nepal through an online appointment

system if it is required.

Affidavit of Eligibility to Marry

Nepali law requires foreign citizens who marry in Nepal to present

an “Affidavit of Eligibility to Marry.” Lawful permanent residents (‘Green

Card’ holders) who do not have a Nepali citizenship card may also find form

useful. The affidavit is available from the Embassy by scheduling an

online appointment. Pay the fee and present your passport or Green Card at

the time of the appointment. 

We recommend you issue the affidavit shortly before your marriage

ceremony and register your marriage soon later. Court official may ask you

to get a new affidavit, if you wait more 15 days from the day the affidavit was

signed by a Consular Officer/ embassy.

Individuals who have been previously married may be asked to

present a legal divorce verdict or their spouse’s death certificate. You

also need to submit a copy of the marriage law of the state you reside in.