Key Takeaways:
- Before the 2021 Court of Appeal case (Liyanage Champika Harendra Silva v. W.M.M.B Weerasekera), foreign divorces were not recognized in Sri Lanka.
- The judgment established that foreign divorce decrees could be valid, but there was no proper mechanism to enforce them.
- The Reciprocal Recognition, Registration, and Enforcement of Foreign Judgments Act, No. 49 of 2024 now provides a clear legal framework to enforce such foreign divorces in Sri Lanka.
- This development is a significant step forward in Sri Lankan divorce law and benefits those seeking to get divorced in Sri Lanka while residing abroad.
Enforcing Foreign Obtained Divorces in Sri Lanka: The New Legal Framework
At our firm, we receive numerous inquiries regarding whether a foreign divorce decree can be enforced in Sri Lanka. For years, the answer was a clear no—a foreign divorce had no legal standing in Sri Lanka unless obtained through local courts.
However, this changed with the in 2024 Court of Appeal decision in Liyanage Champika Harendra Silva v. W.M.M.B Weerasekera and Others (CA WRIT/266/2021). While the judgment recognized the validity of foreign divorces, there was no formal legal mechanism for their enforcement.
That gap has now been addressed with the enactment of the Reciprocal Recognition, Registration, and Enforcement of Foreign Judgments Act, No. 49 of 2024.
The Court of Appeal Judgment: A Landmark Ruling
In the landmark 2021 judgment, the Court of Appeal ruled that a foreign decree of divorce—pertaining to a marriage contracted in Sri Lanka—could be valid and effectual under Sri Lankan law. This was a crucial shift from previous legal interpretations, which did not recognize such divorces.
However, even with this ruling, individuals seeking to enforce a foreign divorce in Sri Lanka faced practical difficulties. The absence of a legal procedure meant that even though courts could recognize these decrees in principle, there was no structured process for registering or enforcing them.
The 2024 Act: A Clear Mechanism for Enforcement
Recognizing this gap, the Sri Lankan Parliament passed Act No. 49 of 2024, creating a structured process for registering and enforcing foreign divorce decrees. This Act replaced the outdated Reciprocal Enforcement of Judgments Ordinance No. 14 of 1921 and incorporated modern legal principles for recognizing foreign judgments, including those related to divorce.
Under Section 6 of the new Act:
- If a foreign divorce judgment was contested (inter partes), the registering court shall declare it valid in Sri Lanka.
- If a foreign divorce judgment was obtained ex parte, the court will issue a notice to the other party, giving them an opportunity to contest it before recognizing the decree.
- If no objections are raised within the required timeframe, the court will formally declare the foreign divorce valid in Sri Lanka.
This Act now provides a clear, legally sanctioned method for individuals who have obtained divorces abroad to have them recognized within Sri Lanka.
What This Means for Those Seeking Divorce Recognition in Sri Lanka
With this new legal development, those who get divorced overseas no longer need to initiate a fresh divorce proceeding in Sri Lanka. Instead, they can now follow the Act’s procedural framework to have their divorce decree recognized.
For individuals with ties to Sri Lanka who have divorced in a foreign country, this is a significant legal advancement that simplifies the process and provides much-needed clarity in Sri Lanka’s divorce law.
