Quick Guide to register Same-Sex Marriage : Nepal

Questionnaire

1. Whether Same-Sex Marriage is Legal in Nepal ?

• Yes, Same-sex Marriage is Legal in Nepal.

2. Where can Same-sex Couple register their marriage ?

• The Registration of SSM for now can be done at your Concerned Ward Office.

3. How is Same-sex marriage different than a Normal Marriage in Nepal?

• A Stereotypical marriage can get legal recognition either from Court, Ward Office or Customs. Further, a certificate of marriage (विवाह दर्ता प्रमाण पत्र) is given after registration. However, a Same-sex marriage can get a legal recognition from the Ward  or Customary practices & a Provisional marriage certificate is given after its registration .

4. What is a Provisional Certificate for Marriage ?

• The Issue for the marriage rights was raised by Pinky Gurung & Ors. before Supreme Court  where they plead for marriage equality. In that particular case, an interim order has been granted by Supreme Court safeguarding marriage rights as there is no laws regulating Same-sex marriage. Which means, the Finale Judgment on marriage equality for LGBTQIA+ is still prejudice before the Court. To simplify, it usually takes minimum of 3 to 4 years for a matter to be settled in Supreme Court. Thus, the Court has granted a Provisional marriage certificate to Same-sex Couples Safeguarding their rights.

5. Can Same-sex Couple marry and go abroad in Dependent Visa?

• Yes, Couples after having their marriage registered in Nepal can apply for Dependent Visa .

6. Is Nepal a LGBTQIA+ Friendly Nation ?

• Yes,  We are.

7. How long will it take for a Same-sex couples to have their marriage registered in Nepal ?

• It is usually a Day work to have your marriage registered at your concerned Ward. However, it is best advised to take an expert to minus the un-foreseen hindrance.

8. Do Couples have to prove their marriage with photos to have their marriage registered in Nepal?

• YES/NO. It depends on the Ward office.

9. Do Couples have to take witnesses for marriage registration ?

• Not necessarily .

10. List of Documents required for Same-sex Marriage registration ?

• Citizenship's of the Bride & Groom,
• 3 generation details of the Bride & Groom,
• Permanent address,
• National Identity card if the Couples are Nepalese,
• Passport Size Photo's - 5/5 Copies.

Yashaswee Thapa, An advocate for LGBTQIA+ who has been actively involved in securing marriage registration rights on behalf of the Community in Courts & Ward Office.