Background
How to file a divorce case in Sri Lanka while living in a foreign country is a very common question that we get asked from our clients. If you are someone who is married under the Sri Lankan law – we highly recommend that you consider the option of filing your divorce case in Sri Lanka. This is due to multiple reasons that we have detailed in this blog.
In a recent development, the Sri Lankan Court of Appeal ruled that a valid divorce issued by a competent court in another country can be recognized by a District Court in Sri Lanka. However, what many do not realize is that they still have not streamlined the process as to how to register your foreign obtained divorce in Sri Lanka without filing a separate divorce case again in a Sri Lankan court. This means, if you have obtained your divorce in a foreign court – there is a high chance that you will still have to file a second case in a Sri Lankan court. You can completely avoid this by initiating your divorce proceedings in Sri Lanka while residing overseas. If your marriage was solemnized under Sri Lankan law, you are legally entitled to appoint a Power of Attorney (POA) to represent you. This approach has significant advantages, especially if the other party is living in Sri Lanka. It simplifies serving legal documents and helps speed up the entire process.
Why You Should Initiate Your Divorce in Sri Lanka While Living Abroad?
- Legal Validity: If your marriage was under Sri Lankan law, it is often easier to ensure that the divorce is recognized and enforceable by the Sri Lankan courts.
- Convenience: Managing divorce proceedings from abroad can be stressful. By appointing a Power of Attorney, you can avoid frequent travel to Sri Lanka and still ensure the case moves forward smoothly.
- Ease of Service: When the defendant (your spouse) is in Sri Lanka, initiating the case locally makes serving legal documents more straightforward. If the divorce is filed in another country, serving documents internationally can be complicated and cause delays.
Steps to Initiate Divorce in Sri Lanka While Abroad
- Appoint a Power of Attorney: You need to select a trusted person, often a lawyer, to act as your POA. This person will represent you in all legal proceedings related to your divorce in Sri Lanka.
- Provide Necessary Documents: Ensure your POA has all the required documentation, including your marriage certificate, identification, and any other relevant paperwork. It is crucial to have these documents in order before the divorce petition is filed.
- File the Divorce Petition: Your POA can then file a petition on your behalf at the relevant District Court in Sri Lanka. This will officially start the divorce proceedings.
- Attend Court Hearings: Attending to courts for a divorce proceeding depends on multiple factors and it is not always necessary. But if it is required, while you may not physically attend court, your POA will represent you in all hearings. They will ensure your case is presented correctly, and any required documentation is submitted.
Common Questions About Divorce While Abroad
- Can I still file for divorce if I have been living abroad for several years? Yes, as long as your marriage was solemnized under Sri Lankan law, you can file for divorce in Sri Lanka, regardless of how long you have been living overseas.
- What if the other party does not cooperate? If your spouse refuses to cooperate, your POA can still proceed with the case. The Sri Lankan legal system has provisions to deal with uncooperative defendants, including issuing court summonses.
- Do I need to appear in court at any stage? No, you don’t need to appear in court if you have appointed a POA. They can attend all hearings on your behalf.
- How long does the process take? The timeline for divorce can vary. An uncontested divorce can be resolved within a few months, but if the case is contested, it may take over a year.
Legal Considerations and Benefits
When considering a divorce from abroad, it’s essential to ensure all legal aspects are covered. Appointing a POA not only simplifies the process but also ensures that everything is done according to Sri Lankan legal standards. This includes:
- Validity of the Divorce: Divorce proceedings initiated in Sri Lanka are valid under Sri Lankan law. If you attempt to divorce in another country without following local procedures, it might not be recognized in Sri Lanka.
- Financial Settlements: If the divorce involves financial disputes or alimony, your POA can negotiate settlements on your behalf and ensure all legal protections are in place.
- Child Custody and Maintenance: In cases involving children, the Sri Lankan court will prioritize their best interests. Your POA can ensure that any custody or maintenance agreements are legally binding.
Conclusion
Divorce proceedings in Sri Lanka, while you are living abroad, offer a practical and legally secure way to dissolve your marriage. By appointing a Power of Attorney, you can manage the entire process remotely, avoiding unnecessary travel and stress.
If you are considering filing for divorce while abroad, do take a look at our blog on Divorce law in Sri Lanka to better understand the law behind divorces in Sri Lanka.
