Divorce Law in Sri Lanka: Legal Insights and Practical Guide – Updated
Quick Summary
Divorce law in Sri Lanka requires proving fault like adultery, impotency, or desertion, as mutual consent is not recognised as a ground for divorce. The process of obtaining a divorce can take from 3-4 months to over a year, depending on whether the case is contested. If you have children in the marriage, their custody is determined based on the child’s best interests, and maintenance may be awarded for the spouse or children.
Legal Grounds for Divorce in Sri Lanka
Making the decision to end a marriage is never easy. Whether you’re feeling overwhelmed, uncertain, or just ready to move forward, it’s important to know that you’re not alone in this process. In Sri Lanka, divorce law may seem complex as the legal process to dissolve a marriage, governed by strict statutory requirements but with the right information and legal support, you can navigate it with confidence. Understanding the legal grounds and the practical steps involved can help you navigate the process more effectively. Unlike some countries where mutual consent can serve as a basis for divorce, Sri Lanka requires specific legal grounds to be proven.
Following are the grounds on which you an make a divorce application.
- Adultery
In simple terms, adultery means cheating on your spouse during the marriage. If your spouse has been unfaithful, you have the legal right to file for divorce.
However, you will need concrete proof, such as messages, emails, or witness statements, to support your claim, as you need to prove to the court beyond reasonable doubt that your spouse has committed adultery.
- Malicious Desertion
This ground applies when your spouse has abandoned you either by physically leaving or refusing to continue the relationship.
Desertion can be physical or “constructive,” meaning that one spouse makes life intolerable for the other, which makes the other spouse leaves the previous one.
- Incurable Impotency
If your spouse is unable to engage in sexual relations due to a medical condition that cannot be treated without risky surgery, you can file for divorce. In such cases, medical evidence will play a key role in proving your claim.
Divorce Process in Sri Lanka
If you’re looking to get a divorce in Sri Lanka, here’s a straightforward explanation of what you need to do:
- Where to File for Divorce?
You must file your divorce case at the District Court where either you or your spouse lives. In your case, you’ll need to explain why you’re seeking the divorce and provide any proof you have to back up your claims.
- Steps in divorce process
- Start the Process (Filing the Plaint): You begin by submitting all necessary documents to the court to officially start the divorce proceedings.
- Notifying Your Spouse (Summons and Response): After filing, your spouse will receive a notice (summons) from the court and will need to respond.
- Temporary Divorce Order (Decree Nisi): If the judge agrees with the case, they will issue a temporary divorce order, known as a Decree Nisi.
- Final Divorce (Decree Absolute): After a mandatory three-month waiting period, the divorce becomes final with the Decree Absolute, officially ending the marriage.
- The duration of a divorce proceeding
The duration of a divorce in Sri Lanka depends on the case’s complexity. An uncontested divorce, where both parties agree on all terms, usually takes 6 to 12 months.
In contrast, a contested divorce, involving disputes over issues like property division or child custody, can extend from 1 to 3 years or more. Delays and additional hearings can further impact the overall time frame.
What you should know about Alimony and Child Custody?
- Alimony: If you’ve relied on your spouse for financial support, the court may grant you alimony. How much you’ll get depends on factors like the length of your marriage, each partner’s income, and your contribution to the household.
- Child Custody: In a matter of child custody, the court’s number one priority is your children’s well-being. Custody usually goes to the parent who can offer the most stable and supportive environment. You’ll need to show that you can provide for your children, including housing, education, and other needs.
Be prepared to work with your spouse to figure out a custody and financial arrangement that works for both of you. If you can agree, you’ll avoid a lengthy court battle.
- What if you don’t agree with the court’s decision?
If you’re not satisfied with the outcome of your case, you can appeal the decision. First, you’ll go to the Court of Appeal, and if necessary, the Supreme Court.
- Recognizing Foreign Divorce Decrees
If you got divorced abroad and want it recognized in Sri Lanka, the court will check to ensure that both parties were represented and had proper residency in the foreign country. Read our blog on Getting divorce while living abroad blog to learn more on this.
