行政書士法人第一綜合事務所

A professional administrative scrivener explains the procedures for international marriage between a Japanese and a Nepalese!

A professional administrative scrivener explains the procedures for international marriage between a Japanese and a Nepalese!

In recent years, the number of Nepalese people residing in Japan has been increasing rapidly, and the increase rate of Nepalese people residing in Japan is one of the highest compared to people from other countries. Along with such increase in population of Nepalese people, international marriage between a Japanese and a Nepalese has been increasing as well.
In this article, we will describe the procedures for international marriage between a Japanese and a Nepalese as well as the points to note regarding such marriage.
We hope that this article will be helpful for those who would like to know about procedures for international marriage between a Nepalese and a Japanese.

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1. Technical terms related to international marriage procedures

In this section, we will explain the technical terms used in international marriage procedures.
These terms will appear later in this article, so we recommend you to read the following explanation before proceeding to read the rest of the article.

1) The formation of international marriage

In order for international marriage to become effective, in principle, it is necessary to form marital relationships recognized under the homeland law of the wife and that of the husband (laws of Japan and Nepal in this case).
In the Method of Japan, the marital relationship is formed in Japan first while in the Method of Nepal the marital relationship is formed in Nepal first.

2) What is a Certificate of Legal Capacity to Contract Marriage?

In order for a foreigner to effectively marry in the Method of Japan, he/she must meet the marriage requirements stipulated by his/her homeland law (e.g. legal age for marriage, and being unmarried).
However, in reality, it is not easy for Japanese municipal offices to research foreign laws.

To solve such issue, a Certificate of Legal Capacity to Contract Marriage needs to be submitted, so the authority knows that the marriage requirements stipulated by the homeland law of the relevant foreigner are satisfied.

In some countries, a Certificate of Being Unmarried is issued instead, but if the document clarifies the fulfillment of legal marriage requirements other than just being single, such document can be considered as a Certificate of Legal Capacity to Contract Marriage.

2. Points to note regarding procedures for international marriage between a Japanese and a Nepalese

The following items are points to note regarding international marriage procedures between a Nepalese and a Japanese.

1) A Certificate of Legal Capacity to Contract Marriage

In Nepal, there is no document called a Certificate of Legal Capacity to Contract Marriage; therefore, you need a document that replaces a Certificate of Legal Capacity to Contract Marriage to prove the fulfillment of the requirements for marriage required by Nepalese law.

2) The legal age for marriage

The legal age for marriage for Nepalese is 20 years old for both male and female.
There used to be a restriction that forbid marriage between persons whose age gap was more than 20 years. However, the restriction has been abolished, and now such marriage is legal and possible.

3) The period of prohibition of remarriage

There is no period of prohibition of remarriage under the laws of Nepal; provided, however, that if the marriage is to be formed by the Method of Japan, the period of prohibition of remarriage of the Japanese Civil Code is applied, by which women are forbidden to remarry unless 100 days have passed since the day of dissolution or rescission of her previous marriage. As an exception, by submitting a medical certificate prepared by a doctor showing no-pregnancy, a Nepalese female can marry without waiting for 100 days.

3. Documents required for international marriage (“Method of Japan”)

Now we will explain the international marriage procedures.
We will describe the necessary documents for marriage between a Japanese and a Nepalese formed in the Method of Japan.
We recommend that you inquire at the relevant municipal office in advance since required documents may slightly differ depending on each municipal office.

1) Documents required by municipal offices in Japan

[Documents to be prepared by the Japanese husband/wife-to-be]
– A marriage notification form (same as the one used for marriage between Japanese people)
– Identity verification materials (driver’s license, passport, etc.)
– A transcript of the family register (if submitting a notification of marriage to a place other than the registered domicile)

[Documents to be prepared by the Nepalese husband/wife-to-be]
– A Certificate of Being Unmarried (with Japanese translation)
*It must be certified by the Embassy of Nepal in Japan after being certified by the Ministry of Foreign Affairs of Nepal.
– A birth certificate (with Japanese translation)
– Passport
* For any Nepalese person staying abroad, a copy of his/her passport can substitute for the passport.
– Written statements

2) Reporting marriage to Nepal for registration

There is a marriage registration system in Nepal. When applying for a spouse visa, it is sufficient to submit a letter issued by the Nepalese embassy to the immigration office, but in order to officially register the marriage in Nepal, the marrying couple must travel to Nepal to complete the procedure at the relevant government office in Nepal after submitting the marriage notification to the relevant government office in Japan.

[Documents to be prepared]
– A certificate of acceptance of marriage notification and Nepalese translation thereof
*It must be certified by the Ministry of Foreign Affairs after being certified by the Embassy of Nepal in Japan.
– ID card of the Nepalese spouse (Nagrita)
– Passport of the Japanese spouse

4. Documents required for international marriage (“Method of Nepal”)

Next, we would like to explain the case where a Japanese and a Nepalese marry in the Method of Nepal.
To marry in the Method of Nepal, the Japanese party must travel to Nepal.
In Nepal, both parties must go through the marriage procedures together at the relevant local government office. Marriage procedures can be carried out only after 15 days have passed since the entrance to Nepal.

1) Obtain a Certificate of Legal Capacity to Contract Marriage from the Embassy of Japan in Nepal

In the Method of Nepal, the first thing to do is to obtain a Certificate of Legal Capacity to Contract Marriage for Japanese husband/wife-to-be at the Japanese embassy in Nepal.

[Documents to be prepared by the Japanese husband/wife-to-be]
– A transcript of the family register
– Original passport
– Questionnaire (fill in a form given by the Japanese Embassy)
[Documents to be prepared by Nepalese husband/wife-to-be]
– ID card (Nagrita)
– Original passport

2) Go thorough marriage examination at C. D. O (Central District Office) under the jurisdiction of theMinistry of Interior of Nepal

After 15 days or more have passed since the entrance to Nepal, both parties must appear with necessary documents at C. D. O. which has jurisdiction to apply for marriage.

[Documents to be prepared by Nepalese husband/wife-to-be]
– ID card (Nagrita)
– A Certificate of Being Unmarried

[Documents to be prepared by the Japanese husband/wife-to-be]
– The Certificate of Legal Capacity to Contract Marriage mentioned in 1) above
– Original passport

The Marriage Registrar will decide whether to accept the marriage application within 7 days of the submission of the application.
After receipt of the application, the marrying parties and 3 or more witnesses must appear at C. D. O and sign the affidavit. After that, a marriage certificate will be issued.

3) Report marriage to Japan

After your marriage is registered in accordance with the laws of Nepal, you need to submit a notification of marriage to the Embassy of Japan in Nepal or a relevant municipal office in Japan (the effect of such notification is as a report only).

[Documents to be prepared by the Japanese husband/wife-to-be]
– A Certificate of Marriage obtained in 2) above and Japanese translation thereof
– Identity verification materials (driver’s license, passport, etc.)
– A transcript of the family register (if submitting a notification of marriage to a place other than the registered domicile)

[Documents to be prepared by Nepalese husband/wife-to-be]
– Birth certificate and Japanese translation thereof
– Certificate of nationality or passport

5. Summary of International Marriage Procedures between a Japanese and a Nepalese

In this article, we explained the procedures for international marriage between a Japanese and a Nepalese.

It is up to the parties to decide which method to use, but if the Nepalese spouse is in Japan, it is easier to use the Method of Japan.

On the other hand, if the Nepalese spouse is in Nepal, we consider it is better to take the Method of Nepal. To get married in the Method of Nepal in accordance with Nepalese laws, you need to stay in Nepal for about a month, so please make sure to prepare well and obtain all necessary documents before traveling to Nepal, so that you wouldn’t fail to complete marriage procedure after going through all the trouble taking a leave and going to Nepal.

We hope that this article will serve as a reference for those who would like to know about procedures for international marriage between a Japanese and a Nepalese.

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