If you are a foreign national planning to marry in Nepal, one document becomes absolutely critical: the affidavit for marriage. Without it, the court process cannot move forward.

An affidavit is not just a formality. It is a sworn legal declaration confirming your eligibility to marry. In Nepal, courts require this document to prevent fraud, bigamy, and legal ambiguity.

This guide explains what an affidavit for marriage in Nepal for foreigners is, why it is required, how to prepare it, and what mistakes to avoid.

What Is an Affidavit for Marriage in Nepal?

An affidavit for marriage is a written, sworn statement made under oath before a notary public or authorized official. It confirms:

• Your full legal identity

• Your nationality

• Your current marital status

• That you are legally free to marry

• That there is no legal impediment to the marriage

In simple terms, it is your formal declaration that you are single and legally eligible.

Why Is an Affidavit Required for Foreigners?

Nepal’s District Court must verify that both parties are legally unmarried. Since the court cannot directly access foreign civil records, it relies on:

• A Single Status Certificate (if available)

• A No Objection Letter from the Embassy

• A Sworn Affidavit

The affidavit acts as legal confirmation. It protects both the court and the couple.

Legal Basis for Marriage Affidavit in Nepal

Marriage in Nepal is governed by the Muluki Civil Code 2017. The law requires:

• Both parties to be at least 20 years old

• Both parties to be unmarried, divorced, or widowed

• Marriage to be voluntary

For foreigners, proof of marital status is mandatory. The affidavit serves as sworn evidence.

What Should Be Included in the Marriage Affidavit?

A properly drafted affidavit for marriage in Nepal should contain:

1. Full Name (as per passport)

2. Passport Number and Issuing Country

3. Date and Place of Birth

4. Current Address

5. Statement of Single Status (never married / divorced / widowed)

6. Declaration of Legal Capacity to Marry

7. Signature of Deponent

8. Notary Seal and Signature

Precision matters. Even small inconsistencies can delay the process.

Where to Prepare the Affidavit?

There are generally three options:

1. Embassy in Nepal

Some embassies issue affidavits or allow sworn declarations before consular officers.

2. Notary Public in Nepal

The affidavit can be drafted and notarized in Nepal.

3. In Home Country (Before Traveling)

In this case, the affidavit may need legalization or attestation for use in Nepal.

It is important to confirm the District Court’s requirements before preparation.

Is a Single Status Certificate the Same as an Affidavit?

No, a Single Status Certificate is usually issued by a government authority in your home country confirming you are unmarried.

An affidavit is your sworn personal declaration.

In many cases, both documents are required.

Is Embassy No Objection Letter Mandatory?

In most international marriage cases in Nepal, yes.

The embassy typically issues a No Objection Letter (NOC) confirming:

• The embassy has no objection to the marriage

• The individual is legally free to marry

The affidavit complements this document.

Translation and Attestation Requirements

If the affidavit is drafted in a language other than English or Nepali, certified translation may be required.

Additionally:

• Some courts require embassy attestation

• Some documents may require notarization

Documentation standards must be strictly followed.

Common Mistakes in Marriage Affidavit Preparation

• Incorrect passport number

• Name mismatch with passport

• Failure to mention marital status clearly

• Missing notary seal

• Using outdated format

These small errors can cause major delays.

How Long Does It Take to Prepare an Affidavit?

If prepared in Nepal through a notary, it can be completed within a day.

If embassy involvement is required, it may take several working days depending on appointment availability.

Planning ahead avoids stress.

Cost of Marriage Affidavit in Nepal

Costs may include:

• Notary fee

• Legal drafting fee

• Embassy consular fee

• Translation charges (if required)

Fees vary depending on nationality and documentation needs.

Is Physical Presence Required?

Yes. The foreign national must personally sign the affidavit before a notary or consular officer.

Proxy signatures are not accepted.

Conclusion

An affidavit for marriage in Nepal for foreigners is not just paperwork. It is a legal safeguard ensuring transparency, authenticity, and compliance. Proper drafting, notarization, and verification make the marriage process smooth. Poor preparation creates unnecessary delay.

Frequently Asked Questions (FAQs)

1. Is an affidavit mandatory for foreigners marrying in Nepal?

Yes. A sworn affidavit confirming single status and legal capacity is generally required.

2. Can I prepare the affidavit in my home country?

Yes, but it may require legalization or embassy attestation for use in Nepal.

3. Is a No Objection Letter different from an affidavit?

Yes. The NOC is issued by your embassy. The affidavit is your personal sworn declaration.

4. Do I need both affidavit and single status certificate?

In most cases, yes. Courts often require both documents.

5. How long is the affidavit valid?

Validity depends on court practice, but generally recent documents (within a few months) are preferred.

6. Can I write the affidavit myself?

You can draft it, but it must be notarized properly to be legally valid.

7. Is translation required?

Yes, if the affidavit is not in English or Nepali.

8. What happens if my affidavit contains errors?

The court may reject the application or require correction, delaying the marriage process.