How to Get a Divorce in Sri Lanka: A Comprehensive Guide
Divorce is a complex legal process that formally dissolves a marriage, requiring careful legal navigation. In Sri Lanka, the divorce process is governed by a fault-based system, meaning that one party must establish a legally recognized ground for divorce. This article provides a step-by-step guide on how to obtain a divorce in Sri Lanka, ensuring you are well-informed before initiating legal proceedings.
Grounds for Divorce in Sri Lanka
Under Sri Lankan law, marriage can only be dissolved by divorce on one of the following three grounds, as provided in Section 19 of the Marriage Registration Ordinance:
1. Adultery Subsequent to Marriage – The plaintiff must prove that the spouse engaged in sexual intercourse with another person outside of marriage. While direct evidence is rare, courts accept circumstantial evidence that leads to a strong inference of adultery.
2. Malicious Desertion – This occurs when one spouse deliberately abandons the other, thereby repudiating their matrimonial obligations. Malicious desertion can take two forms:
- Direct Malicious Desertion – Where one spouse physically leaves the matrimonial home.
- Constructive Malicious Desertion – Where the innocent spouse is forced to leave due to the misconduct of the other spouse.
3. Incurable Impotency at the Time of Marriage – If a spouse is permanently impotent at the time of marriage and remains unable to consummate the marriage, this constitutes valid grounds for divorce.
Steps to Obtain a Divorce in Sri Lanka
Step 1: Filing for Divorce
A divorce action must be filed in the District Court where either spouse resides. The plaintiff (the party initiating the divorce) must submit a Plaint (formal legal complaint), outlining the grounds for divorce.
Step 2: Serving Summons
Once the case is filed, the court will issue summons to the defendant (the spouse being sued for divorce). The defendant is required to appear in court personally or through legal representation.
Step 3: Answer and Trial Process
- If the defendant contests the allegations, they must file an Answer refuting the claims.
- The case will then proceed to trial, where both parties will present evidence to support their case.
- If adultery is the ground for divorce, the alleged third party (adulterer) can be named as a co-defendant in the case and may be required to pay costs if found guilty.
Step 4: Issuance of Decree Nisi
If the court is satisfied that the plaintiff has established valid grounds for divorce, it will issue a Decree Nisi, which is a provisional order for divorce.
Step 5: Mandatory Waiting Period
After the issuance of the Decree Nisi, there is a mandatory three-month waiting period before the divorce is finalized.
Step 6: Issuance of Decree Absolute
Once the three-month waiting period has passed, the plaintiff may apply for a Decree Absolute, which officially dissolves the marriage.
Contested vs. Uncontested Divorce
- Contested Divorce: If the defendant disputes the grounds for divorce, the case can become lengthy, requiring multiple hearings and extensive evidence.
- Uncontested Divorce: If both parties agree to the divorce, they may choose not to contest the case. While mutual consent is not a legal ground for divorce in Sri Lanka, an uncontested case can be resolved faster, sometimes within a few days.
Judicial Separation vs. Divorce
- Judicial Separation: is a legal status where spouses live apart but remain legally married. A judicial separation can be converted into a divorce after two years.
- Separation of Seven Years: If a couple has been separated for seven years, one spouse may apply for divorce on this basis, provided a valid matrimonial fault is established.
Divorce Under Muslim Law
For Muslims in Sri Lanka, divorce is governed by the Muslim Marriage and Divorce Act No. 13 of 1951. Divorce cases among Muslims are handled by the Quazi Court, with appeals heard by the Board of Quazis and ultimately the Supreme Court.
Child Custody, Alimony & Property Rights
During the divorce proceedings, the court may also rule on matters related to:
- Child Custody – Courts prioritize the child’s best interests.
- Alimony & Maintenance – Financial support for a spouse or children may be ordered.
- Division of Property – Depending on the marriage regime and ownership structure, assets may be divided accordingly.
Can You Get a Divorce While Living Abroad?
Yes, individuals residing outside Sri Lanka can file for divorce in a Sri Lankan court, provided they appoint a legal representative to handle proceedings on their behalf.
Appealing a Divorce Judgment
A party dissatisfied with the divorce judgment can appeal to the Court of Appeal and, subsequently, to the Supreme Court.
How Long Does the Divorce Process Take?
- Uncontested divorce: 3 to 6 months (including waiting period).
- Contested divorce: 6 months to several years, depending on the complexity of the case and court backlog.
Conclusion
Divorce in Sri Lanka is a structured legal process that requires proof of fault. Whether seeking an amicable separation or contesting a case, understanding the legal framework ensures a smoother process.